This article was originally published at: Green Papers: Diverse Views from a Green Perspective. It was written by one of the Party's more brilliant legal thinkers, Asa Gordon, who I am proud to count as a political ally. Since retiring from a career as an engineer at NASA, Asa and his family have lived in Washington DC where he remains active with the DC Statehood-Green Party, and has led the Party's efforts to enforce the mal-apportionment penalty provided by the 14th Amendment to the U.S. Constitution (see background here, here, here, here and elsewhere).
With his usual clear thinking, Asa in the piece below poses for us the following:
But the most devastating example of a contemporary bias in the “human practice” of our courts, which is intuitive to blacks but oblivious to a consensus of whites, is our court’s devaluing of black political testimony embodied in the judicial tolerance for the “practical construction” of State Voter ID laws. Our court justices have valued testimony pleading for redress from potential electoral fraud to address the ungrounded fears of a white electorate admittedly unsupported by any data, while the court has devalued testimony grounded in incontestable facts that Voter ID laws have a real, not a potential, disparate impact on a non-white electorate. If our courts have exercised such clearly astigmatic racial judgment in adjudicating our most precious political right in a democracy, the exercise of the franchise, is there in any wonder that our courts racially astigmatized political judgment has metastasized throughout our judicial system.