Latest Civil Rights Posts

Brief #153-Civil Rights
By Rod Maggay
In the aftermath of the 2020 election state legislatures from around the country have responded with a number of bills that relate to the ability to cast a ballot and other activities associated with voting, such as how ballots are returned and how voter rolls are updated. A significant number of these state bills raise red flags because they appear to be in response to former President Donald Trump’s assertion that the 2020 election was rife with fraud and were not as secure as they could have been. Despite statements from election officials, law enforcement and intelligence agencies that the 2020 elections were in fact secure and that no evidence of fraud was uncovered, state officials have still followed Trump’s lead and introduced a number of bills that purport to bring stability and security to future elections in their state.

Brief #152—Civil Rights
By Rod Maggay
On February 18, 2021 Rep. David Cicilline (D-RI) introduced H.R. 5 in the House of Representatives. The bill is popularly known as the Equality Act and had been introduced in various forms in previous sessions of Congress. The bill seeks to “prohibit discrimination on the basis of sex, gender identity and sexual orientation, and other purposes.” The text of the bill uniquely specifies and amends the Civil Rights Act of 1964 to state that discrimination on the basis of gender identity and sexual orientation are protected categories under that law. In addition to adding these new protected categories to that landmark law the bill also expands coverage for discrimination on the basis of sexual orientation and gender identity to the Equal Credit Opportunity Act, the Jury Selection and Services Act housing and education laws and a number of other federally funded programs. And finally, the bill states specifically that the Religious Freedom Restoration Act (RFRA) of 1993 cannot be used to challenge a provision in the Act and cannot be used as a defense to a claim of unlawful discrimination under the Act. On February 25, 2021, the House of Representatives voted to pass the bill by a 224 – 206 vote. The bill was then sent to the Senate for a vote in the coming weeks. LEARN MORE

Brief #151—Civil Rights
By Rod Maggay
On February 8, 2021 California State Senator Connie Leyva (D-Chino) introduced Senate Bill (SB) 331, popularly known as the Silenced No More Act. The bill is intended to supplement the Stand Together Against Non – Disclosures (STAND) Act which was also introduced by State Senator Leyva and which was signed into law in California in 2018.

Brief #150—Civil Rights
By Rod Maggay
On January 3, 2021 Vice President Michael Pence administered the oath of office to six new senators who had been elected in the November 2020 elections. Additionally, those senators who had won re – election in November were also sworn in. Two days later, elections were held in Georgia for both of Georgia’s Senate seats and a Democrat won each race. Their victories ensured that seats in the U.S. Senate would be equally split between Republicans and Democrats 50 – 50. Kamala Harris’ election as Vice – President gave the Democrats the ability to cast the tie – breaking vote if any vote in the chamber resulted in a tie.

Brief #149—Civil Rights
By Rod Maggay
During the 2020 presidential election campaign then Democratic Presidential Candidate Joe Biden said on the TV program 60 Minutes, “The last thing we need to do is turn the Supreme Court into just a political football, whoever has the most votes gets whatever they want.” Biden was responding to talk over a replacement for Brief Justice Ruth Bader Ginsburg who had passed away in September 2020. Republicans were then in control of the Senate and were pushing to speedily confirm nominee Amy Coney Barrett. Barrett was eventually confirmed to the Supreme Court with less than a week until the November 3, 2020 election.

Brief #148—Civil Rights
By Rod Maggay
On January 20, 2021 President Joe Biden issued “Executive Order On Ensuring A Lawful And Accurate Enumeration and Apportionment Pursuant to the Decennial Census.” This was the second executive order President Biden signed after being inaugurated earlier in the day. The executive order in Section 5 specifically revokes President Trump’s Executive Order No. 13880 of July 11, 2019 (Collecting Information About Citizenship Status in Connection With the Decennial Census) and Presidential Memorandum of July 21, 2020 (Excluding Illegal Aliens From The Apportionment Base Following The 2020 Census).

Brief #147—Civil Rights
By Rod Maggay

Brief #146—Civil Rights
By Rod Maggay
Under Article II, Section 1, Clause 2 of the U.S. Constitution each individual State has the power to appoint the slate of electors who will vote in every presidential election. The Federal Government has no role in a State’s selection of its slate of presidential electors.

Brief #145—Civil Rights
By Rod Maggay
Under Article II, Section 2 of the U.S. Constitution, the President of the United States has “the Power to grant Reprieves and Pardons for offenses against the United States, except in Cases of Impeachment.”