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Justice

Top GOP Senator: Native American Juries Are Incapable Of Trying White People Fairly

Sen. Chuck Grassley (R-IA)

INDIANOLA, Iowa — Republicans have offered a number of reasons why they oppose the Violence Against Women Act. Some think it’s unconstitutional. Others argue that it’s just a meaningless bill with a patriotic title.

On Wednesday, Sen. Chuck Grassley (R-IA) added a new one: Native Americans supposedly aren’t capable of holding fair trials.

Last week, Grassley was one of just 22 senators—all Republican men—who voted against reauthorizing VAWA. During a town hall meeting in Indianola on Wednesday, a woman asked him to explain his vote. Grassley responded that the legislation is unconstitutional, a belief shared by at least five of his colleagues.

Since the Constitution guarantees citizens the right to a trial among a jury of peers, Grassley reasoned that white men would be deprived of their rights if those who were accused of violence against Native American women had to appear in a tribal court. “On an Indian reservation, it’s going to be made up of Indians, right?” Grassley said. “So the non-Indian doesn’t get a fair trial.”

GRASSLEY: One provision that non-Native Americans can be tried in tribal court. And why is that a big thing? Because of the constitutionality of it, for two reasons. One, you know how the law is, that if you have a jury, the jury is supposed to be a reflection of society. [...] So you get non-Indians, let me say to make it easy, you get non-Indians going into a reservation and violating a woman. They need to be prosecuted. They aren’t prosecuted. So the idea behind [VAWA] is we’ll try them in tribal court. But under the laws of our land, you got to have a jury that is a reflection of society as a whole, and on an Indian reservation, it’s going to be made up of Indians, right? So the non-Indian doesn’t get a fair trial.

Watch it:

There is actually no requirement that juries reflect “society as a whole.” The Sixth Amendment requires juries to be drawn from the “State and district wherein the crime shall have been committed,” and Supreme Court decisions establish that criminal defendants also have a right to a jury which is “drawn from a fair cross section of the community,” where the trial court convenes to hear their case. But this does not entitle anyone to be tried by a jury that reflects the whole of American society.

A person who is tried in Vermont is likely to have an all-white jury because over 95 percent of Vermont is white. Similarly, a person who commits a crime in the Navajo Nation will face a jury of Native Americans because the population of the local community is made up of Navajo people. There is no reason to believe that Navajo jurors are any less impartial than white Vermonters, and Grassley is wrong to suggest otherwise.

Grassley went to great lengths to tell attendees that he had supported VAWA in the past. “I support 98 percent of what’s in the bill,” he said. If it weren’t for his belief that Native Americans’ are incapable of conducting a fair trial, perhaps he would have voted for it again.

If you want Congress to reauthorize VAWA, sign ThinkProgress’ petition here.

Update

In an interview late last year with Huffington Post, Rep. Tom Cole (R-OK), one of two registered Native Americans in Congress, dismissed the notion put forth by Grassley that tribal courts are incapable of holding fair trials. “People seem to have this fantasy that Indians and courts are going to try to make up for what happened to them for hundreds of years of history,” said Cole. “That’s just not true.”

Update

Indian Country Today points to a report suggesting that many tribal court juries would likely be more diverse than juries in much of the United States:

A recently released report by the National Congress of American Indians Policy Research Center titled Policy Insight Brief titled, Statistics on Violence Against Native Women that states according to the 2010 U.S. Census “46 percent of people living on reservations in 2010 were non-Native.” Almost half the reservation population would essentially lead to diversity on juries. The figure is as a whole in the United States, and there may be areas where this number is drastically lower, but that is where the Sixth Amendment comes in.

Justice

Oops: Top Republican Senator Inadvertently Embraces Roe v. Wade

Sen. Chuck Grassley (R-IA)

CHARITON, Iowa — During a town hall on Wednesday, the top Republican on the Senate Judiciary Committee embraced the reasoning behind the landmark 1973 Supreme Court decision legalizing a woman’s choice to get an abortion, although he did not appear aware of the significance of his statement.

Speaking to a small group of constituents in rural Chariton, Sen. Chuck Grassley (R-IA) was asked about a Facebook rumor that the government would soon be implanting microchips in children and government workers in order to track their health records. After informing the constituent that the claim had no merit, Grassley continued by endorsing the same “right to privacy” that was the backbone of Roe v. Wade and similar decisions.

CONSTITUENT: They’re saying that they’re going to start, in 2013, putting microchips in government workers and then any kid that enrolls in school, starting in pre-school, will have a microchip implanted in them so that they can track them. [...] Is that true?

GRASSLEY: No. First of all, nothing can be done to your body without your permission. It’d be a violation of the constitutional right to privacy if that were to happen.

Watch it:

The constitutional right to privacy that Grassley refers to is not explicitly stated in the Constitution, but Roe concluded that it is one of the liberties protected by the Fourteenth Amendment, which provides that states many not “deprive any person of life, liberty, or property, without due process of law.” Anti-choice advocates, such as Justice Antonin Scalia, former Gov. Mitt Romney (R-MA), and former Sen. Rick Santorum (R-PA), all contend that women should be stripped of their ability to get an abortion because, in Scalia’s words, “there’s no right to privacy in the Constitution — no generalized right to privacy.”

Of course, Grassley remains a staunch opponent of a woman’s right to choose, receiving a “0” pro-choice score from NARAL in 2011. But for the top Republican on the Senate Judiciary Committee to confirm that the Constitution does, indeed, include a right to privacy is a major concession undercutting conservatives’ legal argument for overturning Roe.

Justice

Undeterred By Court Order, Iowa Official Tries Again To Push Through Voter Purge

Iowa Secretary of State Matt Schultz

When Secretary of State Matt Schultz attempted to purge voters from the rolls in advance of the November 2012 election, a county judge temporarily blocked the move, finding that the rules issued by Schultz created fear and uncertainty and could deter legitimate voters. But that risk of voter suppression hasn’t stopped Schultz from proposing a new slightly tweaked rule to remove registered voters in the name of alleged voter fraud.

The rule would allow Schultz’s office to challenge the legitimacy of registered voters who are listed as noncitizens in the Department of Transportation database. Citing a DOT list of some 3,000 registered voters labeled noncitizens, Schultz said, “I have to do something. I can’t just sit back and do nothing when we know people are taking advantage of the system.”

But Schultz’s testimony just last month before the Senate Judiciary Committee shows that he doesn’t know people are taking advantage of the system. When probed by Senate Majority Whip Dick Durbin (D-IL) for evidence of voter fraud, Schultz cited just six arrests — not convictions – out of 1.6 million votes cast. And this was after a special agent was designated to specifically target voter fraud.

As for the list of 3,000 people, that claim was easily dismissed by the Mexican American Legal Defense Fund’s Nina Perales during the same hearing:

Secretary Schultz … said he had identified 3,500 noncitizens using the driver’s license rolls. He did not. He identified 3,500 people who were noncitizens at the time that they obtained their driver’s licenses. And we know that since that time and before they registered to vote, the overwhelming majority and perhaps all of them have become naturalized citizens. So at this point, anyone who undertakes to accuse people of non-citizenship based on driver’s licenses should be on notice that this is not correct and should not be done. It’s fundamentally unfair.

Attempts to prove voter fraud nationwide have fallen similarly short, with less than 20 instances of fraud charges offered in most states. Florida GOP officials have even publicly admitted voter suppression was the goal of that state’s aggressive and inaccurate purge.

The American Civil Liberties Union and other groups are also arguing that Schultz cannot implement a purge without going through the state legislature. The ruling that blocked Schultz’s last attempt said that, at the very least, Schultz should have gone through the proper rulemaking procedure that allows for public input instead of going forward on his own. Schultz is now going through that procedure, but the court could still hold this process insufficient.

Justice

Iowa Refuses To Issue Driver’s Licenses To Undocumented Immigrants Who Benefit From Deferred Action

The Iowa transportation department announced late last month that it will not issue driver’s licenses to young undocumented immigrants who benefit from deferred action, which allows them to legally remain in the U.S. temporarily. About 5,000 undocumented immigrants are eligible for deferred action in Iowa, and at least one person, Omar Del Jesus Mex Valle, had received his license after being granted deferred action in October.

Valle told the Des Moines Register that he received his license within a week after finding out he had been granted deferred action. “I hope they don’t take it from me. I need it to go to my job, and to do stuff for my family,” he said.

Paul Trombino, Iowa transportation director, said department officials will inform anyone with deferred action status who received a license that their license is no longer valid.

Iowa is one of six states to prevent deferred action beneficiaries from receiving driver’s licenses. Seventeen states, including California and Illinois, have said that undocumented immigrants with temporary legal status from the program can apply for driver’s licenses, and three states — Washington, New Mexico and Utah — do not require proof of citizenship to receive a driver’s license.

So far, the ACLU has filed lawsuits against Arizona and Michigan from blocking young undocumented immigrants who have been granted temporary legal status from being issued driver’s licenses. Randall Wilson, Iowa ACLU’s legal director, said he was surprised by the state’s decision. “These people have been granted status to stay in the United States for a period of time, and whether you want to call it illegal, legal or indeterminate, it doesn’t matter,” Wilson told the Des Moines Register. “They are here, so this issue needs to be addressed, either legislatively or in the courts.”

LGBT

Iowa Court Orders Accurate Fetal Death Certificate For Lesbian Couple

Last October, Jessica Aiken and Jenny Buntemeyer lost their son in utero. To add to their grief, the Iowa Department of Public Health (DPH) proceeded to erase Buntemeyer’s name from the death certificate because she was not the child’s “father.” The couple sued in February with support from Lambda Legal, arguing that because Iowa recognizes same-sex marriages, it has to recognize them both as parents, and a judge has now ruled in their favor.

Though DPH tried to argue that death certificates only represent biological connections, Buntemeyer and Aiken argued that a mother’s husband can be listed as the father without a proof of paternity. The judge agreed:

Biology is only minimally related to a Certificate’s statistical purpose and is completely unrelated to a Certificate’s documentary purpose.  Accordingly, biology alone is an insufficient justification to disparate treatment of a mother’s husband and a mother’s wife on a Certificate.  Since biology is the only relevant difference between a mother’s husband and a mother’s wife for purposes of a  Certificate, a mother’s husband and a mother’s wife are similarly-situated as non-gestational parents. [...]

DPH’s policy of refusing to register a mother’s wife on a Certificate is not substantially related to any important governmental objective. DPH has unconstitutionally interfered with a same-sex wife’s ability to receive the benefits of a Certificate. Therefore DPH must modify the Certificate form to comply with equal protection. DPH must also act consistently with its statutory duties. A categorical refusal to register a mother’s wife on a Certificate  violates equal protection.  DPH is required to modify its Certificate so as to identify both petitioners here as parents.

Cases like this demonstrate the burden still placed on same-sex couples despite supposed equality under the law. It seems fair to characterize DPH’s reluctance as simple laziness — if not incapacity — to redesign a simple form. The law requires that both members of a same-sex couple be recognized as a child’s parents, and that should hold true in death as in life. Buntemeyer should not have had to endure being physically erased from her son’s death certificate just because the forms are haven’t caught up with the law.

Health

How Video Technology Has Improved Abortion Access For Women In Rural Iowa

Providing women in rural areas with access to abortion services through new technology — such as video conferences with doctors who can prescribe abortion pills, and then distribute them using a remote control — can help give those women the medical services they need without actually increasing abortion rates, a new study finds. Researchers examined a “telemedicine” system implemented in an Iowa-area Planned Parenthood four years ago and concluded that remotely administered abortions can have positive effects.

The Planned Parenthood in Iowa was the first clinic in the nation to implement a telemedicine system for the women who lack access to nearby abortion doctors. When the program first went into effect in 2008, critics claimed that it wasn’t safe to allow women to take an abortion pill without a doctor physically present in the room. But proponents of telemedical abortions explain that they are simply in step with a larger trend toward remote treatments, which are increasing across all medical fields, as well as a critical program for the women who live in rural areas where no other doctors offer abortions. And David Grossman, a co-author of the study, explained that his results the confirm that telemedicine is an important step forward for those women:

“I think the most important thing is that it showed how access was improved after telemedicine was introduced,” said Grossman, vice president for research at Ibis Reproductive Health in Massachusetts. The organization works to improve access and choice for women’s reproductive health services.

The study also found a slight decrease in the number of abortions performed during the second trimester of pregnancy, when risks of complication are higher, said Grossman, also a clinical professor in the obstetrics department at the University of California in San Francisco. He noted the decrease was small enough to require further study.

“In the reduction of second trimester abortions, it will be important to see how that continues to play out,” he said. “We know that earlier abortions are safer than later abortions.”

Planned Parenthood officials in Iowa told USA Today that the results from this study underlines the fact that telemedicine allows women to make the medical decisions that are best for them, including about where and when they want to end a pregnancy. According to Planned Parenthood, there were 1,021 abortions performed through telemedicine during their last fiscal year, and surveys of the women who have used the procedure show high rates of satisfaction and low rates of complications.

Despite the positive effects that telemedicine can have on expanding access to women’s health services, House Republicans introduced a bill over the summer — spearheaded by Iowa’s own Rep. Steve King (R) — to end funding to women’s health clinics that allow doctors to prescribe contraceptive services, like the morning after pill, through a video conference.

LGBT

Rep. Steve King Admits Marriage Equality Is Here To Stay

Rep. Steve King (R-IA) is staunch opponent of LGBT equality. He has proposed bills preventing military chaplains from performing same-sex marriage ceremonies and he believes private business owners should be able to discriminate against LGBT employees. In an interview airing tonight on Iowa Public Television, however, he admits that he is no longer optimistic that his side will win — conceding that same-sex marriage is now the law of the land:

KING: That’s, I think, the kind of prediction that we can expect from looking at these results around the country. Here in Iowa, there’s not going to be a vote on it that I can see and if that’s the case and another two years go by, I would never say never…but it doesn’t look very optimistic for people who believe in traditional marriage as I do.

King also isn’t sure that the Supreme Court will uphold the discriminatory Defense of Marriage Act:

KING: Justice Roberts has delivered us a decision on ObamaCare that will forever cause us to wonder and speculate as to how he might come down, and he right now is the swing vote on the Supreme Court.

His perspective on the Court seems to be limited to just the ObamaCare case, because most advocates expect that Justice Anthony Kennedy, who has ruled for gay rights in the past, is the most hopeful swing vote against DOMA, as the Baltimore Sun noted this week.

Diminishing opposition is just as important to progress as increasing victory, but it remains to be seen if King will continue to use his power in Congress to push for more discrimination against the LGBT community.

Justice

Right-Wing Revenge Campaigns Against Florida And Iowa Justices Go Down In Flames

Iowa Supreme Court Justice David Wiggins

Two years ago, a coalition of anti-gay groups spent nearly $800,000 to exact revenge against three justices who joined their court’s unanimous opinion supporting marriage equality — turning them out of office in their 2010 retention election. Last night, they attempted to do the same to a third justice, Justice David Wiggins. They lost. Wiggins will remain a justice.

Americans for Prosperity, a tea party group chaired by infamous energy billionaire David Koch, backed a similar revenge campaign against three Florida justices who kept an unconstitutional attempt to nullify the Affordable Care Act off the 2010 ballot. This campaign failed as well. All three justices won their retention races by comfortable margins.

Lest there be any doubt, these two campaigns were nothing less than a rejection of the idea that judges are bound by the law. The Iowa Constitution provides that “[a]ll laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens.” These words unambiguously require gay couples to be granted the same marriage rights as straight couples. Similarly, the Koch-backed effort to remove the Florida justices centered around the dangerously wrongheaded notion that a state can nullify a federal law it does not want to follow. This notion simply cannot be squared with the U.S. Constitution, which provides that duly enacted federal laws “shall be the supreme law of the land.”

So yesterday’s retention elections were more than a victory for four justices who have, at times, gone against the whims of the right. It was a victory for the rule of law itself.

LGBT

Sweeping 2012 Victories Show Promise Of LGBT Equality’s Future

Senator-elect Tammy Baldwin (D-WI)

In no uncertain terms, this year’s election was a sweeping mandate on LGBT equality. Forgotten is 2008′s bittersweet realization that though Barack Obama had won, California’s Proposition 8 had passed. Instead, this election’s returns show a new America poised to move forward and ensure that sexual orientation and gender identity are never barriers to freedom and security. Here’s a glimpse of just how sweeping the victory is for the LGBT community:

Maine

Maine’s voters have approved marriage equality with 53 percent in favor and 47 percent opposed, a complete reversal of the 2009 people’s veto of the very same law. Victory in Maine demonstrates the incredible power of personally connecting with voters, as advocates spent everyday since the 2009 loss canvassing to reach out. It is a significant milestone, because it is the first state to extend the freedom to marry entirely through a grassroots effort: voters brought forth a petition and then voters approved it. Conservatives cannot point to judges or lawmakers and somehow claim that the people did not have a say.

Maryland

Maryland also approved marriage equality by a 52-48 margin, proving that efforts to drive a wedge between the gay and black communities will not succeed. Like in Maine, the people had the opportunity to weigh in, and they weighed in on the side of equality and validating the legislature’s decision to pass same-sex marriage. This is also a significant win for Gov. Martin O’Malley (D), who championed this legislation all year long.

Washington [UPDATED]

UPDATE: As of Wednesday afternoon, victory has been officially declared in Washington for marriage equality!

This morning, Washington’s Referendum 74 is still too close to call, but with the votes coming in so far, it is leading 52-48. Given Washington’s victory in approving everything-but-marriage domestic partnerships in 2009, there is reason to be optimistic that its voters once again sided with equality.

Minnesota

Though Minnesota does not have marriage equality to embrace yet, the 51-48 defeat of its marriage inequality amendment is a significant victory. Opponents have boasted that in every state where voters have the chance to limit marriage to opposite-sex couples, they have done so, and Minnesota breaks that record. In addition, Democrats won control of both chambers of Minnesota’s legislature, ensuring that there will not be future attempts to enshrine discrimination in the constitution anytime soon.

LGBT Candidates

Yesterday was an historic victory for openly LGBT candidates, and the next Congress will break records for its significant out contingent. Tammy Baldwin (D-WI) will become the first LGBT member of the Senate. Mark Pocan (D-WI) will fill her House seat, joined by fellow newcomer Sean Patrick Maloney (D) of New York. In addition, Reps. Jared Polis (D-CO) and David Cicilline (D-RI) won re-election. A projected winner remains to be called in the House races for Mark Takano (D-CA) and Kyrsten Sinema (D-AZ), but they are both leading in the polls so far and could add to the record-breaking LGBT caucus.

(UPDATE: Mark Tokano has declared victory.)

One out candidate who did not win was Massachusetts Republican Richard Tisei, though this does not necessarily represent a loss for the LGBT community. Incumbent victor John Tierney (D) is a dedicated ally to the LGBT community who does not bear the same risk of further empowering conservatives who would act against equality.
Read more

Justice

EXCLUSIVE: Romney Campaign Incorrectly Trains Iowa Poll Watchers To Check For Photo ID

Earlier this week, ThinkProgress released internal documents from the Romney campaign detailing how it is training poll watchers to mislead voters in Wisconsin. Now, according to new documents, Wisconsin may not be the only state where Romney’s campaign is equipping volunteers with deceptive information.

A new ThinkProgress investigation has found that in Iowa, Romney poll watchers are being trained to watch for voters who show up without a photo ID, even though no voter ID law exists in the state.

In a training video for Romney poll watchers in Iowa, the narrator tells volunteers to be on the lookout for anytime “a voter fails to show a voter ID and they are still permitted to vote.” If that happens, he says, “alert the legal team so they can handle the problem.” The text of the campaign’s slide, however, says something contradictory, instructing volunteers when poll workers should check the voter’s ID. Despite the mixed messages, the slide ends with: “If an election worker is not checking photo ID, please call the legal hotline immediately.”

NARRATOR: Naturally, you’re probably wondering what irregularities may come up throughout the day. We’ll walk you through some quick examples. First, there may be an instance where a voter fails to show a voter ID and they are still permitted to vote. If you notice this, use the legal help button to alert the legal team so they can handle the problem and you can get back to checking voters.

Watch it:

The text on the video notes that utility bills and other government documents are acceptable forms of ID, but that section is contradicted by the narrator’s decree to be on the lookout for anyone who tries to vote without a photo ID and text at the bottom warning poll watchers to be on the lookout for voters who lack photo ID. In sum, the training material is, at best, highly misleading.

Iowa in not a voter ID state. ThinkProgress asked a representative at the Iowa Secretary of State’s office whether it would be incorrect to say that voter ID is required in Iowa. “That’s right,” she confirmed. Voters do not need ID on Election Day; they can show a current utility bill (including cell phone bill), bank statement, paycheck, or other government document, but are not required to do so.

This video is part of Romney’s massive nationwide poll-watcher effort on Election Day. The campaign is training 34,000 volunteers to fan out in swing states across the country and monitor for voter fraud. Romney personally touted Project ORCA in a video released Wednesday evening, telling poll watchers that they’ll “be the key link in providing critical, real-time information to me.” Because of the program, Romney said, “our campaign will have an unprecedented advantage on Election Day.”

Update

After ThinkProgress published this story, the Romney campaign scrubbed the original training video from the web. It has since been replaced with an alternate video that does not mention photo ID. We captured the original video, which you can see below:

Update

A number of readers have noted that, in fact, most Iowans aren’t required to show any identification at all, including non-photo forms like a utility bill or pay stub, though it’s still helpful to bring if you have it readily available.

Update

According to Reuters, the office of Iowa’s Secretary of State, Matt Schultz (R), “contacted the state director of the Romney campaign” to make clear that the state did not require photo ID to vote.

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