#TalkRadio – November 28: Injustice for None! Responding To the 8th Circuit’s Horrific Anti-Voting Rights Opinion

SPEAKERS:

Atty. Denise Lieberman: 12:00-12:57 PM ET
Director & General Counsel at Missouri Voter Protection Coalition; civil rights attorney and nationally recognized voting rights expert and movement lawyer who has worked closely with non-profit and grass roots advocacy organizations in Missouri and around the country for the last 25 years

Joshua Price: 12:00-12:57 PM ET
Former Pulaski County Election Commissioner in Arkansas; Leader in the AAPI (Asian-American Pacific Islander) Community

INTRODUCTION:

The Igniting Change Radio Show on Tuesday, November 28th, 2023, from 12:00 PM – 1:00 PM Eastern Time, entitled, “Injustice for None! Responding To the 8th Circuit’s Horrific Anti-Voting Rights Opinion”, will be live with Radio Show Co-Hosts and Transformative Justice Coalition (TJC) Co-Leaders Attorneys Barbara Arnwine, Esq. and Daryl Jones, Esq. and guests Atty. Denise Lieberman and Joshua Price.

This week’s show will highlight the horrendous ruling by the 8th Circuit that there is no private right of action to sue under Section 2 of the Voting Rights Act. While organizations like the Heritage Foundation now celebrate the 10th Anniversary of Shelby County v. Holder, this 8th Circuit Court ruling represents another strike to the enforcement of the Voting Rights Act that is even more dangerous to the future of voting rights than Shelby v. Holder was.

On the cover page of this Opinion, under Amici on behalf of Appellants (State of Arkansas), the State of Florida and the States of Texas, Alabama, Georgia, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, and Utah are listed as supporting the position that there is no private right of action to sue to enforce Section 2 of the Voting Rights Act of 1965! This is a betrayal of the voting rights of people of color in Florida and the 13 other states. It is an abuse of power to use State authority and public funding to deny African Americans, Latinos, Native Americans, and Asian Americans their right to sue to enforce and secure their voting rights.

Since the rendering of this nefarious decision last week, there are already efforts to expand the doctrine of this opinion to other federal circuits, including the 5th Circuit. This case has caused a national uproar with many demanding that the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act be passed ASAP to prevent further erosion of the Voting Rights Act. It is widely expected that this matter will end up in the Supreme Court of the United States where the outcome is uncertain.

The Igniting Change guests and Barbara and Daryl will discuss how this is more dangerous than Shelby v. Holder, the history of the case, how the Transformative Justice Coalition and Igniting Change guests are already in this fight, and what actions everyone is taking in light of this news.

QUESTIONS:

• [Barbara and Daryl will briefly discuss Giving Tuesday and how the listeners can help support TJC’s work, including this radio broadcast, by donating this Giving Tuesday through tjcoalition.org, where you can also see our new video for our most recent work.]
• Atty. Denise Lieberman, for our audience, can you please describe the 8th Circuit’s decision. 
• What states are covered by the 8th Circuit?
• Denise, as an attorney who has had to file many voting rights cases, how will this decision affect you?
• Joshua, this case originated in Arkansas, where you actually served as an election commissioner. What has been the response in Arkansas?
• Why is this case more dangerous than Shelby County v. Holder?
• Joshua, how has the State of Arkansas justified its deliberate attempt to destroy the enforcement of Section 2 of the Voting Rights Act by private parties?
• Practically, what will be the impact of this case in the 7 states in the 8th Circuit?
• The 14 State Attorney Generals who signed on as Amici in this case are using state authority and public funds in opposition to the rights of their own citizens of color to be protected fully by the Voting Rights Act. What should be done about this?
• What are the next steps in the litigation of this case?
• Do you know if there has been a motion for a filing for an en banc (full court) hearing?
• Many are speculating that this case is a deliberate set up by a number of Justices on the Supreme Court of the United States to force this issue before them. Do you agree?
• This case is highly likely to end up before SCOTUS. What do you think will happen?
• [Barbara and Daryl will discuss how they saw a major article regarding the 8th Circuit decision that featured a picture of people crossing the Edmund-Pettus Bridge holding TJC’s “Protect Our Vote” signs and what actions TJC is taking in response to the 8th Circuit decision, and how you can help support TJC’s work, including this radio broadcast, by donating this Giving Tuesday through tjcoalition.org]
• What do you think is the most important grassroots organizing that you think needs to happen in order to ensure strong voter protection and engagement in November 2023 and 2024?
• What are your final thoughts to our listeners?
• Thank you for all of your hard work. How do our listeners get in contact with you?