Latest news with #EqualProtectionClause
Black America Web
5 days ago
- Politics
- Black America Web
Florida Supreme Court Backs DeSantis In Diluting Black Voter Power
Source: ANDREW CABALLERO-REYNOLDS / Getty Long before Texas officials scrambled for a special session to attack Black voter power in the Lone Star state, Florida, Gov. Ron DeSantis was already stacking the deck in his party's favor. Now, four years after redistricting began, the Florida Supreme Court upheld maps backed by DeSantis diluting Black voter power. Embracing a reverse racism style argument, the Florida Supreme Court claimed that allowing a majority Black district to remain would violate the 14th Amendment's Equal Protection Clause. Led by Black Voters Matter Capacity Building Institute and the League of Women Voters of Florida, voting rights groups maintain the maps violated the 2010 Fair Districts Amendment. They further argue that the maps diluted Black voter power and were an assault on Black representation. According to Democracy Docket, the maps commissioned by DeSantis split Black voters formerly in the state's 5th Congressional district 'across four separate districts, reducing their ability to choose a candidate that best represents them in North Florida.' DeSantis pointing to multiple courts upholding his allegedly 'constitutionally correct map' does not mean the maps are accurate or fair. It only means that the courts have swung far enough to the right that the interpretation of accuracy and fairness is willing to overlook the true meaning of equal protection and fair representation. The Democracy Docket specifically called attention to the 'non-diminishment' clause in Florida's Fair Districts Amendment, which prohibits the state from creating districts that prevent racial or language minorities from having 'equal opportunity to participate in the political process and elect representatives of their choice.' It's all states' rights, and states can decide until a state law actually benefits Black people. As reported by the Tallahassee Democrat, there is still a challenge pending regarding Congressional District 26. This case is also separate from a challenge to Florida Senate District 16 involving Black voters in Tampa and St. Petersburg. But the 5th Congressional District case underscores the importance of federal oversight and protection to ensure that states do not disenfranchise or disempower Black voters. As outlined by the Legal Defense Fund, Florida has passed several anti-voter laws and targeted fairness and transparency in the democratic process. DeSantis and his cronies have no interest in upholding equal protection or ensuring free and fair elections. Retaining power by any and all means is the name of their game. Source: ninitta / Getty 'Conditions that can foster voting discrimination — such as unfairly drawn districts that weaken the voting power of Black voters and other voters of color, inaccessible polling locations, insufficient language assistance for voters who don't speak English comfortably, and outright voter intimidation — endure throughout Florida,' wrote the LDF. 'And many of Florida's counties and cities use at-large election structures or district maps that impair the ability of voters of color to elect candidates of their choice or influence the outcome of elections.' Despite claims that the DeSantis maps are racially neutral and did not intentionally discriminate against Black voters, modern era segregationists know they need to make it look accidental to pass judicial scrutiny. Trying to prove racist intent is no longer as simple as it was 60 years ago. The battle over maps in Florida is one of many ongoing challenges to Black voter power. But limiting Black political power and, in turn, full political participation is not new. Even before the passage of the 14th and 15th Amendments, the powers that be fought hard to minimize Black voting rights. And now, their descendants are colonizing the same laws passed to protect Black voters against us. Despite the extensive legislative history and record around the Reconstruction Era Amendments and numerous civil rights laws, including the Voting Rights Act, these people follow the far-right SCOTUS majority's intellectual dishonesty. There is nothing fair in what DeSantis and his cronies are doing. And yet, Black voters and the candidates who seek to represent their interests are left scrambling to out organize an increasingly hostile state and federal government. These contemporary voting rights challenges also show the enduring importance and need for the Voting Rights Act of 1965. Since the U.S. Supreme Court's decision in Shelby County v. Holder eroded key sections of the Voting Rights Act, voting rights advocates have pushed for legislation to restore and strengthen voting rights protections. Choosing our representatives and free access to the ballot are two of the most significant pathways to improving conditions for our families and communities. Protecting and expanding voting rights requires sustained organizing and lobbying leading to new safeguards at the state level like state voting acts and other pro-democracy legislation. SEE ALSO: Federal Judges Rule Florida Gov. Ron DeSantis' 'Race-Neutral' Congressional Map Is Constitutional Redistricting: Majority Black Voting Maps Rejected In Louisiana SEE ALSO Florida Supreme Court Backs DeSantis In Diluting Black Voter Power was originally published on
Malaysian Reserve
18-07-2025
- Politics
- Malaysian Reserve
INDEPENDENT MAYORAL CANDIDATE JOSEPH HERNANDEZ FILES FEDERAL LAWSUIT TO BRING RANKED-CHOICE VOTING TO NYC'S GENERAL ELECTION
NEW YORK, July 18, 2025 /PRNewswire/ — Joseph Hernandez, an independent candidate for Mayor of New York City, has filed a groundbreaking federal civil rights lawsuit demanding the implementation of ranked-choice voting (RCV) in the 2025 general mayoral election. Filed in the U.S. District Court for the Southern District of New York, the lawsuit challenges the City's use of RCV only in party primaries and special elections—excluding general elections—as unconstitutional and discriminatory. 'A two-tiered election system is fundamentally unfair,' said Hernandez. 'Every New Yorker deserves a vote that counts, and every candidate deserves a level playing field—regardless of party affiliation. RCV ensures majority support and real choice. Without it, the system is rigged in favor of political insiders.' The suit argues that this bifurcated structure suppresses competition, discourages voter participation, and disproportionately harms independent and minority-supported candidates. It further contends that the current system violates the Equal Protection Clause and First Amendment of the U.S. Constitution, as well as the New York State Constitution and the federal Voting Rights Act—particularly where it may dilute the voting power of racial and ethnic minorities in a crowded field. Hernandez is represented by Richard Cardinale, a prominent civil rights attorney known for defending everyday New Yorkers. Joseph Hernandez is a Cuban-American entrepreneur, public health innovator, and father—not a career politician. Raised by working-class immigrant parents—his father a dishwasher, his mother a housekeeper—Hernandez worked his way through top universities including the University of Florida, Yale, and Oxford. He has founded and led over a dozen successful companies in biotech, health care, and artificial intelligence, with multiple companies listed on the Nasdaq. Hernandez is running for mayor to restore safety, affordability, and accountability in city government. His campaign centers on practical, people-first solutions: Hire 10,000 new police officers and deploy visible patrols to restore order on streets and subways Enforce quality-of-life laws to bring back basic standards of civility and cleanliness Fast-track affordable housing development by cutting red tape and converting underused office space Use AI and smart technologies to eliminate government inefficiency and improve essential services Launch 'smart city' infrastructure to make NYC more livable, responsive, and secure 'This lawsuit is about fairness,' Hernandez added. 'But this campaign is about fixing New York. We're going to build a city that works for everyone—safe, clean, affordable, and full of opportunity.' Joseph Hernandez will appear on the general election ballot this November as an independent candidate for Mayor of New York City. About Joseph Hernandez:Joseph Hernandez is a Cuban-American biotech entrepreneur and independent candidate for Mayor of New York City. A refugee and the son of a political prisoner, he immigrated to the U.S. at age seven and built a nationally recognized career founding healthcare companies and advancing public health innovation. He is running to restore safety, affordability, and accountability to New York City leadership. For more information, visit
Boston Globe
18-07-2025
- Politics
- Boston Globe
Parents' group sues over BPS exam school admissions, alleging discrimination against white students
Related : Advertisement 'The Fourteenth Amendment's Equal Protection Clause guarantees every qualified Boston student an equal opportunity to compete for a place in an Exam School, regardless of race,' the lawsuit says. 'The Tier System was implemented to limit that opportunity for members of a particular racial group. It must be struck down.' A spokesperson for Boston Public Schools declined to comment. This isn't the first time the Boston Parent Coalition for Academic Excellence or the law firm that represents it, Pacific Legal Foundation, filed a lawsuit against Boston Public Schools over exam school admission practices. In 2020, the School Committee voted to temporarily award seats based on grades and zip code, and the same group and law firm sued over that system as well. The Supreme Court ultimately declined to hear the case last year, with one justice noting the system was no longer in use. Related : Advertisement Prior to the pandemic, admission to the three exam schools, Boston Latin School, Boston Latin Academy, and the John D. O'Bryant School of Math and Science, was determined in a citywide process based solely on grades and an entrance exam score. Under the current admissions system, which has been repeatedly Students apply to enter the schools in grades 7 and 9, and must have at least a B average to be eligible. Applicants receive a composite score out of 100 based on their grades and entrance exam scores. Students can get 15 bonus points if they live in public housing, are homeless, or are in foster care, or a varying number of points if they attend schools where at least 40 percent of students are low-income. The school-based bonus points vary by tier from three points to 10. The wealthiest tier, Tier 4 (or Tier 8 in an earlier version of the system), has tended to have more applicants than the other tiers, but all tiers get the same number of seats. That means admission is particularly competitive in Tier 4, which included many tracts in neighborhoods such as West Roxbury and Beacon Hill. Because the city's white students are concentrated in Tier 4, they have lower odds of admission to their schools of choice. 'This was done ... to limit the proportion of white students who could get into the exam schools,' said Pacific Legal senior attorney Chris Kieser in an interview. 'And it's been remarkably effective.' Advertisement Under the new system, the proportion of Grade 7 exam school invites going to white students declined from 40 percent for School Year 2020-21 to a low of 24 percent for 2023-24. According to the lawsuit, in three out of four years of the new system, white students have made up a smaller share of admitted students than of applicants. The percentage of admitted students who were white has been lower than the share of applicants. Related : Parties to the suit include parents of white and Asian children in Tier 4 who either already applied and were denied admission to one or all exam schools, or parents of white and Asian children who plan to apply in future years. The Pacific Legal Foundation has represented parents in a number of related cases alleging discrimination in efforts to diversify elite public schools around the country. Last year, the Supreme Court also declined to hear a case it brought against Virginia's Thomas Jefferson High School for Science and Technology, another elite, application-based public high school that recently overhauled admissions. But some conservative members of the court have written that these policies violate their 2023 decision Christopher Huffaker can be reached at
Miami Herald
17-07-2025
- Politics
- Miami Herald
Florida Supreme Court rejects constitutional challenge to state congressional map
Three years after Gov. Ron DeSantis pushed a congressional redistricting plan through the Legislature, the Florida Supreme Court on Thursday rejected a challenge by voting-rights groups that argued part of the plan violated the state Constitution. Justices, in a 5-1 decision, said an alternative requested by voting-rights groups for a North Florida district would violate the U.S. Constitution's Equal Protection Clause because it would involve racial gerrymandering. The case centered on Congressional District 5, which in the past stretched from Jacksonville to west of Tallahassee, and elected Black Democrat Al Lawson. During the 2022 redistricting process, DeSantis argued that keeping such a district would be an unconstitutional racial gerrymander and successfully pressured lawmakers to overhaul the district. The Supreme Court reached the same conclusion as DeSantis, saying there 'is no plausible, non-racial explanation for using a nearly 200-mile-long land bridge to connect the Black populations of Jacksonville and Tallahassee.' The case involved the Equal Protection Clause and a 2010 state constitutional amendment, known as the Fair Districts Amendment, that prohibited drawing districts that would 'diminish' the ability of minorities to 'elect representatives of their choice' — what is often called the amendment's 'non-diminishment' clause. The voting-rights groups argued that the District 5 overhaul violated that requirement because it effectively prevented Black voters in North Florida from electing a candidate of their choice. White Republicans won all North Florida congressional districts in 2022 after the plan was adopted. But the Supreme Court's 48-page majority opinion, written by Chief Justice Carlos Muñiz, said that in redistricting, the Legislature's 'obligation to comply with the non-diminishment clause was bounded by its superior obligation to comply with the Equal Protection Clause.' 'The Legislature's obligation to comply with the Equal Protection Clause is superior to its obligation to comply with the non-diminishment clause as interpreted by our court,' Muñiz wrote in the opinion joined by Justices John Couriel, Jamie Grosshans, Renatha Francis and Meredith Sasso. 'The plaintiffs did not prove the possibility of complying with both the non-diminishment clause and the Equal Protection Clause in North Florida. Therefore, they did not meet their burden to prove the invalidity of the enacted plan.' Justice Jorge Labarga wrote a dissenting opinion that said the Supreme Court should have sent the case back to a circuit judge for a trial on the equal protection issue. He called the majority opinion 'highly consequential.' 'Although the majority conducts an as-applied equal protection analysis (of Congressional District 5), make no mistake — this decision lays the groundwork for future decisions that may render the non-diminishment clause practically ineffective or, worse, unenforceable as a matter of law,' Labarga wrote. He added, 'By foreclosing further litigation, the majority's decision now allows to remain in place a congressional redistricting plan that is unconstitutional under the Florida Constitution.' Justice Charles Canady recused himself from the case. Canady, as is common, did not explain the decision, but he is married to state Rep. Jennifer Canady, R-Lakeland. The overhauled Congressional District 5 includes parts of Duval and St. Johns counties and is represented by Republican John Rutherford. The old Congressional District 5 was broken up into other districts. For example, Republican Neal Dunn represents the Tallahassee area in what is Congressional District 2. The plaintiffs, such as the League of Women Voters of Florida and Equal Ground Education Fund, challenged the redistricting plan in 2022 in Leon County circuit court. Circuit Judge J. Lee Marsh agreed with the plaintiffs that the redistricting plan violated the Fair Districts amendment. But the 1st District Court of Appeal overturned that decision in December 2023, prompting the voting-rights groups to go to the Supreme Court. The appeals court's main opinion said protection offered under the non-diminishment clause and under the federal Voting Rights Act 'is of the voting power of 'a politically cohesive, geographically insular minority group.'' It said linking voters across a large stretch of North Florida did not meet such a definition of cohesiveness. While the Supreme Court upheld the redistricting plan Thursday, it disagreed with the appeals court's reasoning. It also pointedly said the appeals court had ignored Supreme Court precedents related to the Fair Districts Amendment. 'The district court cited no authority for the proposition that decisions this (Supreme) Court issues in its original jurisdiction are not binding on lower courts,' Muniz wrote. 'And there is no reason why such decisions are not binding. The district courts' duty to follow our precedents stems from the hierarchical structure established in our Constitution and from this (Supreme) Court's express authority to review certain district court decisions, including those that conflict with our decisions or that expressly construe constitutional provisions.'
New York Post
11-07-2025
- Health
- New York Post
DOJ subpoenas more than 20 doctors and clinics providing transgender medical procedures to minors: ‘Mutilated children'
The Trump Department of Justice subpoenaed more than 20 doctors and medical clinics nationwide that perform transgender medical procedures on children, the federal agency announced Wednesday. 'Medical professionals and organizations that mutilated children in the service of a warped ideology will be held accountable by this Department of Justice,' Attorney General Pam Bondi said in a statement. The brief announcement, which didn't identify the hospitals or doctors under investigation, follows growing efforts by the Trump administration to outlaw minors from accessing transition-related care. 4 Attorney General Pam Bondi speaks at a press conference in Washington, DC, on May 6, 2025. JIM LO SCALZO/EPA-EFE/Shutterstock 4 A protester holds a pro-transgender kids sign outside of Seattle Children's Hospital after gender-affirming surgeries for minors were postponed on Feb. 9, 2025. AP Federal authorities also demanded access to protected patient data to determine whether any laws were violated and to spark policy discussions with providers regarding gender-affirming treatment, sources familiar with the probe told the New York Times. The DOJ's action comes three months after Bondi warned clinics and hospitals that any suspected cases of 'female genital mutilation' performed on individuals under 18 would be investigated. No charges have been filed against anyone connected with providing transgender care, but the FBI in June urged the public to report hospitals and doctors performing surgeries on minors. Also in June, the Supreme Court ruled in a 6-3 decision to uphold Tennessee's ban on transgender puberty blockers and hormone therapy treatments for children. 4 Pro-transgender kids Protesters rally at a Lutheran Church of Reformation in Washington, DC, on June 18, 2025. 4 President Donald Trump speaks to reporters in the White House Press Briefing Room on June 27, 2025. / MEGA The high court found the ban does not violate the 14th Amendment's Equal Protection Clause. While more than half of the 50 states have enacted similar laws, there are currently no federal statutes limiting access to transition-related care. More than 1.6 million Americans ages 13 and older identify as transgender, according to data cited by the Supreme Court.
