Tuesday 31 October 2023

Friday 27 October 2023

Morocco: Request for an Arrangement Under the Resilience and Sustainability Facility-Press Release; Staff Report; Supplement; Staff Statement; and Statement by the Executive Director for Morocco

Morocco: Request for an Arrangement Under the Resilience and Sustainability Facility-Press Release; Staff Report; Supplement; Staff Statement; and Statement by the Executive Director for Morocco
Published October 27, 2023 at 07:00AM
Read more at imf.org

Wednesday 25 October 2023

ACLU: What's at Stake in Pennsylvania's Supreme Court Election

What's at Stake in Pennsylvania's Supreme Court Election

As the nation steels itself ahead of what is sure to be a contentious 2024 election year, here in Pennsylvania all eyes are on Nov. 7, 2023. In just a few weeks, Pennsylvania voters will choose the next state Supreme Court justice in an election that could decide which rights and freedoms Pennsylvanians enjoy in coming years.

Pennsylvania is one of a handful of states that elect judges and state Supreme Court justices. Justices serve a 10-year term before they go on the ballot again and voters decide whether or not to retain the justice for another term. The vast majority of Pennsylvania Supreme Court justices are retained by voters.

Late last year, the chief justice of the state Supreme Court passed away unexpectedly, setting up the 2023 contest to fill his seat. While the current balance of power on the court favors abortion and voting rights by a 4-2 advantage, there have been troubling signs of an impasse on the court that could threaten our civil liberties in the commonwealth. Since the death of the chief justice, a number of cases have deadlocked 3-3, including two cases about Pennsylvanians’ right to vote by mail.

With abortion access, voting rights, and so much more on the ballot in the state Supreme Court race this year, we know what’s at stake.

We also expect the court to hear arguments about the right to access abortion care in Pennsylvania. Last fall, the court heard arguments in a case about insurance coverage for all pregnancy-related health care, including abortion, and this likely won’t be the last time the court is called upon to rule on Pennsylvanians’ abortion rights. Without federal protections for abortion access, politicians have the power to determine whether we can access the essential abortion care we need. It’s more important than ever that we elect leaders who reflect the values of Pennsylvanians and will stand up for our fundamental rights.

In Pennsylvania’s Supreme Court election, the choices couldn’t be clearer. One candidate, Daniel McCaffery, is endorsed by the Pennsylvania chapters of Planned Parenthood and the National Organization for Women. The other candidate, Carolyn Carluccio, is endorsed by anti-abortion groups that want to criminalize abortion in all cases.

So, we’re working to educate voters on the candidates for state Supreme Court, to turn out the vote across the commonwealth and make sure that every Pennsylvanian knows their rights and can safely and securely cast their ballot, whether by mail or at their polling place on November 7.

We also know how much more could be at stake next year: democracy itself.

Together with ACLU National, we have taken a multifaceted approach to inform voters, which includes: mailing educational literature to voters, running radio spots that include Spanish-language ads, and creating two video ads, one highlighting the importance of the state Supreme Court, the other contrasting the candidates’ stance on abortion rights.

We are also building out our grassroots organizing to maximize our reach by organizing phone banks and text banks, as well as working with community partners and advocates to spread the word.

Even as we pull out all the stops to make sure that every Pennsylvania voter makes an informed decision about our next state Supreme Court justice, the work doesn’t end this Election Day. This moment also allows for the preparation for what could be the most consequential election of our lifetimes in 2024.

After the dust settles around the state Supreme Court election, we will build on this year’s results and continue to use the full force of our organization to protect critical civil liberties, including abortion and voting rights. As part of a battleground state cohort organized by the National ACLU, we will be in close contact with other battleground states to share best practices, strategies, and tactics.

With abortion access, voting rights, and so much more on the ballot in the state Supreme Court race this year, we know what’s at stake. We also know how much more could be at stake next year: democracy itself. So even as we look toward November 7 as a crucial moment for Pennsylvania, we are just getting started in the fight to defend democracy next year, and beyond. We’ll see you there.

Paid for by the American Civil Liberties Union of Pennsylvania, Inc. and American Civil Liberties Union, Inc.

Stay informed about our work
Sign up

Published October 25, 2023 at 11:39PM
via ACLU https://ift.tt/vqZeigx

ACLU: What's at Stake in Pennsylvania's Supreme Court Election

What's at Stake in Pennsylvania's Supreme Court Election

As the nation steels itself ahead of what is sure to be a contentious 2024 election year, here in Pennsylvania all eyes are on Nov. 7, 2023. In just a few weeks, Pennsylvania voters will choose the next state Supreme Court justice in an election that could decide which rights and freedoms Pennsylvanians enjoy in coming years.

Pennsylvania is one of a handful of states that elect judges and state Supreme Court justices. Justices serve a 10-year term before they go on the ballot again and voters decide whether or not to retain the justice for another term. The vast majority of Pennsylvania Supreme Court justices are retained by voters.

Late last year, the chief justice of the state Supreme Court passed away unexpectedly, setting up the 2023 contest to fill his seat. While the current balance of power on the court favors abortion and voting rights by a 4-2 advantage, there have been troubling signs of an impasse on the court that could threaten our civil liberties in the commonwealth. Since the death of the chief justice, a number of cases have deadlocked 3-3, including two cases about Pennsylvanians’ right to vote by mail.

With abortion access, voting rights, and so much more on the ballot in the state Supreme Court race this year, we know what’s at stake.

We also expect the court to hear arguments about the right to access abortion care in Pennsylvania. Last fall, the court heard arguments in a case about insurance coverage for all pregnancy-related health care, including abortion, and this likely won’t be the last time the court is called upon to rule on Pennsylvanians’ abortion rights. Without federal protections for abortion access, politicians have the power to determine whether we can access the essential abortion care we need. It’s more important than ever that we elect leaders who reflect the values of Pennsylvanians and will stand up for our fundamental rights.

In Pennsylvania’s Supreme Court election, the choices couldn’t be clearer. One candidate, Daniel McCaffery, is endorsed by the Pennsylvania chapters of Planned Parenthood and the National Organization for Women. The other candidate, Carolyn Carluccio, is endorsed by anti-abortion groups that want to criminalize abortion in all cases.

So, we’re working to educate voters on the candidates for state Supreme Court, to turn out the vote across the commonwealth and make sure that every Pennsylvanian knows their rights and can safely and securely cast their ballot, whether by mail or at their polling place on November 7.

We also know how much more could be at stake next year: democracy itself.

Together with ACLU National, we have taken a multifaceted approach to inform voters, which includes: mailing educational literature to voters, running radio spots that include Spanish-language ads, and creating two video ads, one highlighting the importance of the state Supreme Court, the other contrasting the candidates’ stance on abortion rights.

We are also building out our grassroots organizing to maximize our reach by organizing phone banks and text banks, as well as working with community partners and advocates to spread the word.

Even as we pull out all the stops to make sure that every Pennsylvania voter makes an informed decision about our next state Supreme Court justice, the work doesn’t end this Election Day. This moment also allows for the preparation for what could be the most consequential election of our lifetimes in 2024.

After the dust settles around the state Supreme Court election, we will build on this year’s results and continue to use the full force of our organization to protect critical civil liberties, including abortion and voting rights. As part of a battleground state cohort organized by the National ACLU, we will be in close contact with other battleground states to share best practices, strategies, and tactics.

With abortion access, voting rights, and so much more on the ballot in the state Supreme Court race this year, we know what’s at stake. We also know how much more could be at stake next year: democracy itself. So even as we look toward November 7 as a crucial moment for Pennsylvania, we are just getting started in the fight to defend democracy next year, and beyond. We’ll see you there.

Paid for by the American Civil Liberties Union of Pennsylvania, Inc. and American Civil Liberties Union, Inc.

Stay informed about our work
Sign up

Published October 25, 2023 at 07:09PM
via ACLU https://ift.tt/R1QVwsO

Suriname: Technical Assistance Report—Financial Stability Report

Suriname: Technical Assistance Report—Financial Stability Report
Published October 25, 2023 at 07:00AM
Read more at imf.org

Thursday 19 October 2023

ACLU: Taking Action to Stop Police Sexual Violence

Taking Action to Stop Police Sexual Violence

Last month, a 47-year-old Black woman named Ternell Brown filed a complaint against the Baton Rouge Police Department in Louisiana for hauling her to a warehouse and subjecting her to a sexually abusive search after a traffic stop. This is the same police department that in 2016 fatally shot Alton Sterling while he was lying on the ground, leading to uprisings. And now, three Baton Rouge officers have been arrested for allegedly destroying video evidence of excessive force during a strip search.

This is shocking, but not surprising. Sexual abuse, like that alleged by Ms. Brown, is one pernicious form of persistent police violence. And like excessive force, it grows from conditions that condone or fail to curtail police misconduct. To address police sexual abuse, authorities should prevent its occurrence and repair its harms.


The Prevalence of Sexual Violence by Police

Police sexual violence is when officers, on or off duty, commit sexually abusive or degrading acts against others. This may include sexual harassment, sexual assault, invasive and degrading frisks and strip searches, and sexual extortion. Police sexual violence is grossly underreported, but research shows it’s systemic. One study found that, over a 10-year period, a police officer was caught committing sexual abuse or sexualized misconduct at least every five days. Another found that sexual violence was the second most reported form of police misconduct, after excessive force.

The people most targeted by police for sexual violence are from historically marginalized backgrounds, including women of color, LGBTQ+ people, sex workers, and people vulnerable to threats of incarceration. For example, the ACLU and the ACLU of Montana recently filed an amicus brief supporting L.B., a Northern Cheyenne woman who was sexually assaulted by an on-duty federal law enforcement officer after calling for help. The officer coerced L.B. to perform sexual acts by threatening to arrest her and have social services remove her children.

This is not merely a problem of “bad apples.” It’s a problem enabled by power imbalances between officers and community members and a patriarchal culture of secrecy and silence. It commonly arises in police departments where leadership and local authorities ignore and tolerate patterns of abuse. One of us, for example, recently represented a Black man with a substance use disorder who was beaten and repeatedly punched in the groin by officers from the Bronx Narcotics Unit. There were 560 prior lawsuits against this unit, with over 150 for excessive force, including for sexually abusive conduct like strip searches and handcuffing a naked pregnant woman to a bed. The officers involved had previously been defendants in at least 50 lawsuits alleging similar misconduct. None appear to have faced consequences, and they’re still on the job. The Baton Rouge Police Department also has a long record of excessive force and brutality complaints.


How to Rectify and Repair Police Sexual Violence

There’s no simple solution to the problem of police sexual violence. A solid start, though, is acting to rectify the violence and repair its harm.

In this context, “rectify” means establishing systems inside and outside a police department that interrupt and prevent abuse. One example is a system whereby a police department tracks lawsuits and complaints against officers and investigates allegations to determine whether there’s a widespread problem. If their investigation reveals a problem, they take corrective action. Research shows that such proactive interventions can reduce excessive force. Layered over this should be outside, transparent review to ensure proper, timely action is taken. Had Baton Rouge used a system like this, Ms. Brown could have been saved from that horrific ordeal.

Rectify also means preventing recurrence by holding officers accountable and demonstrating governmental commitment to upending norms of abuse. This includes strengthening discipline and civil liability for officers who commit sexual violence. The L.B. case, for example, asks the court to recognize that law enforcement officers act in the scope of their employment — and that the government is therefore liable under the Federal Tort Claims Act — when they weaponize their authority to commit sexual assault. The ACLU and the New York Civil Liberties Union have also supported expanding the power of civilian review boards to investigate police sexual violence.

“Repair” means ensuring the harms from police sexual violence are redressed at an individual and community level. Localities should act swiftly to acknowledge the harm and compensate those injured, without subjecting people with credible claims to painful and often prolonged litigation. Localities should recognize that police violence can ripple through heavily policed neighborhoods, causing widespread trauma and leaving many estranged from law enforcement. Localities should work with those in the impacted community to design safety and accountability measures on their terms. This might include measures like investing in health care or housing for those affected, or investing in alternatives to police like civilian traffic enforcement or mental health responders. And repair must avoid reliance on overly punitive carceral responses that drive unjust racial disparities and only further harm impacted communities.

In this way, localities will not only heal the damage that police violence causes; they will help to build communities that are safer for all.

We need you with us to keep fighting
Donate today

Published October 20, 2023 at 01:16AM
via ACLU https://ift.tt/TmRw8BF

ACLU: Taking Action to Stop Police Sexual Violence

Taking Action to Stop Police Sexual Violence

Last month, a 47-year-old Black woman named Ternell Brown filed a complaint against the Baton Rouge Police Department in Louisiana for hauling her to a warehouse and subjecting her to a sexually abusive search after a traffic stop. This is the same police department that in 2016 fatally shot Alton Sterling while he was lying on the ground, leading to uprisings. And now, three Baton Rouge officers have been arrested for allegedly destroying video evidence of excessive force during a strip search.

This is shocking, but not surprising. Sexual abuse, like that alleged by Ms. Brown, is one pernicious form of persistent police violence. And like excessive force, it grows from conditions that condone or fail to curtail police misconduct. To address police sexual abuse, authorities should prevent its occurrence and repair its harms.


The Prevalence of Sexual Violence by Police

Police sexual violence is when officers, on or off duty, commit sexually abusive or degrading acts against others. This may include sexual harassment, sexual assault, invasive and degrading frisks and strip searches, and sexual extortion. Police sexual violence is grossly underreported, but research shows it’s systemic. One study found that, over a 10-year period, a police officer was caught committing sexual abuse or sexualized misconduct at least every five days. Another found that sexual violence was the second most reported form of police misconduct, after excessive force.

The people most targeted by police for sexual violence are from historically marginalized backgrounds, including women of color, LGBTQ+ people, sex workers, and people vulnerable to threats of incarceration. For example, the ACLU and the ACLU of Montana recently filed an amicus brief supporting L.B., a Northern Cheyenne woman who was sexually assaulted by an on-duty federal law enforcement officer after calling for help. The officer coerced L.B. to perform sexual acts by threatening to arrest her and have social services remove her children.

This is not merely a problem of “bad apples.” It’s a problem enabled by power imbalances between officers and community members and a patriarchal culture of secrecy and silence. It commonly arises in police departments where leadership and local authorities ignore and tolerate patterns of abuse. One of us, for example, recently represented a Black man with a substance use disorder who was beaten and repeatedly punched in the groin by officers from the Bronx Narcotics Unit. There were 560 prior lawsuits against this unit, with over 150 for excessive force, including for sexually abusive conduct like strip searches and handcuffing a naked pregnant woman to a bed. The officers involved had previously been defendants in at least 50 lawsuits alleging similar misconduct. None appear to have faced consequences, and they’re still on the job. The Baton Rouge Police Department also has a long record of excessive force and brutality complaints.


How to Rectify and Repair Police Sexual Violence

There’s no simple solution to the problem of police sexual violence. A solid start, though, is acting to rectify the violence and repair its harm.

In this context, “rectify” means establishing systems inside and outside a police department that interrupt and prevent abuse. One example is a system whereby a police department tracks lawsuits and complaints against officers and investigates allegations to determine whether there’s a widespread problem. If their investigation reveals a problem, they take corrective action. Research shows that such proactive interventions can reduce excessive force. Layered over this should be outside, transparent review to ensure proper, timely action is taken. Had Baton Rouge used a system like this, Ms. Brown could have been saved from that horrific ordeal.

Rectify also means preventing recurrence by holding officers accountable and demonstrating governmental commitment to upending norms of abuse. This includes strengthening discipline and civil liability for officers who commit sexual violence. The L.B. case, for example, asks the court to recognize that law enforcement officers act in the scope of their employment — and that the government is therefore liable under the Federal Tort Claims Act — when they weaponize their authority to commit sexual assault. The ACLU and the New York Civil Liberties Union have also supported expanding the power of civilian review boards to investigate police sexual violence.

“Repair” means ensuring the harms from police sexual violence are redressed at an individual and community level. Localities should act swiftly to acknowledge the harm and compensate those injured, without subjecting people with credible claims to painful and often prolonged litigation. Localities should recognize that police violence can ripple through heavily policed neighborhoods, causing widespread trauma and leaving many estranged from law enforcement. Localities should work with those in the impacted community to design safety and accountability measures on their terms. This might include measures like investing in health care or housing for those affected, or investing in alternatives to police like civilian traffic enforcement or mental health responders. And repair must avoid reliance on overly punitive carceral responses that drive unjust racial disparities and only further harm impacted communities.

In this way, localities will not only heal the damage that police violence causes; they will help to build communities that are safer for all.

We need you with us to keep fighting
Donate today

Published October 19, 2023 at 08:46PM
via ACLU https://ift.tt/PsnRzuE

ACLU: Why School Discipline Reform Still Matters

Why School Discipline Reform Still Matters

From affirmative action to classroom censorship, race is a hot topic in our nation’s schools and in the politics of education. Unfortunately, much of the public chatter centers on efforts to restrict how or even if racial discrimination and its legacies can be taught (or explored) in classrooms and libraries. A fundamental fact, often ignored, is that a student’s race has a substantial impact on how the student experiences education, including the opportunities they are likely to be provided or denied.

Nowhere is this more evident than how and when Black students are formally punished. Efforts to undermine nascent school-based efforts to make classrooms more welcoming to Black students have made matters worse, ultimately creating a hostile climate. These attacks on learning about race and racism have made it even more difficult to remedy long-standing patterns of racial bias in those schools.

Today, Black students are more likely to experience all forms of discipline, from being removed from the classroom to being sent to the police. Black students with disabilities are substantially more likely than any other group to experience the most extreme forms of discipline, from losing classroom instructional time due to out-of-school suspension, to being punished through intentional physical pain in the many states where corporal punishment is still legal.

In 2023, the U.S. Education and Justice Departments took several steps to highlight unlawful discrimination they have found when investigating complaints of mistreatment over the last three presidential administrations. The departments concluded that “[D]iscrimination based on race, color, and national origin in student discipline was, and continues to be, a significant concern.” While racial disparities in school discipline do not automatically violate federal laws that ensure fairness, there are many instances in which discrimination underlies these disparities.

Careful inquiry by these federal agencies — by examining student records or other information in school files, interviewing members of school communities, and more — identified six patterns that significantly and negatively impact Black students:

  • More frequent punishment for infractions that are subjectively measured — such as disorderly behavior — and for low level infractions, compared to white students.
  • Harsher punishment for the same infraction. Consistently, race has been found a factor when Black students are compared to other students who have the same disciplinary records or who committed the same infraction.
  • Using exclusionary interventions, such as removal from class or school, on Black students compared to white students who are found to have committed the same infractions.
  • A tendency to call the police when Black students are involved, compared to white students.
  • Failure by school officials to offer legitimate non-discriminatory reasons for disciplinary actions taken against Black students.
  • Poor administration of discipline systems, including providing incorrect data (which often understates the impact on Black students), as well as a tendency to violate proscribed discipline procedures.

It is well established that Black students are not generally more likely to misbehave than other students, even after accounting for different socioeconomic backgrounds. Yet, adults are far more likely to punish Black students, and to punish them severely, when comparing similar conduct of their white peers.

A recent report by the ACLU of North Carolina found that between 2017 and 2023, statewide law enforcement and school staff filed school-based complaints of disorderly conduct against Black students at nearly four times the rate of their white counterparts. The disparity in the rate of referrals for disorderly conduct in schools is even worse for many state counties, where adults refer Black students at a rate of 23 to 42 times more than their white classmates.

What are the responsibilities of school officials in ensuring that students are treated fairly?

Federal officials have highlighted three key guidelines to ensure the nondiscriminatory administration of student discipline.

First, schools must enforce their standards in an evenhanded way. Standards must be legitimate, and not serve as a pretext for engaging in discrimination. Disturbingly, the departments have found instances in which the stated reasons for disciplinary policies or actions were an excuse to treat certain students unfairly, rather than legitimate reasons.

Second, the “duty not to discriminate extends to those who carry out some or all of the schools’ function, including security staff, private security companies, or other contractors, as well as school district police officers or school resource officers.” This requirement is especially significant given the expansion in the number and roles of law enforcement in schools, as well as the increase in student arrests and referrals to law enforcement in the years before the pandemic. Nationwide, student arrests increased 5 percent and referrals to police increased 12 percent in just two years, according to the Department of Education.

Third, schools are generally permitted by federal law — indeed encouraged — to host programming, clubs, and other educational forums that allow children to learn about the history of race in America, the history of their own cultural groups, establish mentoring programs to support students from non-privileged backgrounds, and to organize listening sessions to hear about students’ views on what may contribute to or limit inclusive environments and positive racial climates.

These programs must remain open to all students and not promote hateful or demeaning stereotypes or violence against specific groups of people.

This year’s guidance follows prior federal resources on avoiding discrimination in school discipline and a 2015 White House summit tackling this very issue, underscoring the persistence of this problem.

Alarmingly, some of these earlier federal efforts were scuttled by the Trump/DeVos administration using the false and unsupported claim that discipline reforms aimed at reducing racial discrimination contributed to school shootings. That assertion has been debunked. Moreover, the largest discipline research study ever conducted, which examined the records of about 1 million Texas students, found that while Black students were more likely than other students to be disciplined during middle and high school years, they were less likely to commit offenses where school removal is required by law due to the seriousness of the infractions.

Discriminating against students on the basis of their race does not make schools safer — it makes them more dangerous for Black students, who are more likely to be denied equal educational opportunity because they are pushed out through harsh and inappropriate punishments. These federal resources remind us that our common goal should be to ensure that “all students attend schools where they are supported, safe, and able to access an excellent education. A school environment that is free from discrimination is essential to meeting that goal.”

We need you with us to keep fighting
Donate today

Published October 19, 2023 at 10:17PM
via ACLU https://ift.tt/br7tk5m

Zimbabwe: Technical Assistance Report—FSSR Follow up Technical Assistance—Implementation of the Basel II/III Capital Framework

Zimbabwe: Technical Assistance Report—FSSR Follow up Technical Assistance—Implementation of the Basel II/III Capital Framework
Published October 19, 2023 at 07:00AM
Read more at imf.org

ACLU: Why School Discipline Reform Still Matters

Why School Discipline Reform Still Matters

From affirmative action to classroom censorship, race is a hot topic in our nation’s schools and in the politics of education. Unfortunately, much of the public chatter centers on efforts to restrict how or even if racial discrimination and its legacies can be taught (or explored) in classrooms and libraries. A fundamental fact, often ignored, is that a student’s race has a substantial impact on how the student experiences education, including the opportunities they are likely to be provided or denied.

Nowhere is this more evident than how and when Black students are formally punished. Efforts to undermine nascent school-based efforts to make classrooms more welcoming to Black students have made matters worse, ultimately creating a hostile climate. These attacks on learning about race and racism have made it even more difficult to remedy long-standing patterns of racial bias in those schools.

Today, Black students are more likely to experience all forms of discipline, from being removed from the classroom to being sent to the police. Black students with disabilities are substantially more likely than any other group to experience the most extreme forms of discipline, from losing classroom instructional time due to out-of-school suspension, to being punished through intentional physical pain in the many states where corporal punishment is still legal.

In 2023, the U.S. Education and Justice Departments took several steps to highlight unlawful discrimination they have found when investigating complaints of mistreatment over the last three presidential administrations. The departments concluded that “[D]iscrimination based on race, color, and national origin in student discipline was, and continues to be, a significant concern.” While racial disparities in school discipline do not automatically violate federal laws that ensure fairness, there are many instances in which discrimination underlies these disparities.

Careful inquiry by these federal agencies — by examining student records or other information in school files, interviewing members of school communities, and more — identified six patterns that significantly and negatively impact Black students:

  • More frequent punishment for infractions that are subjectively measured — such as disorderly behavior — and for low level infractions, compared to white students.
  • Harsher punishment for the same infraction. Consistently, race has been found a factor when Black students are compared to other students who have the same disciplinary records or who committed the same infraction.
  • Using exclusionary interventions, such as removal from class or school, on Black students compared to white students who are found to have committed the same infractions.
  • A tendency to call the police when Black students are involved, compared to white students.
  • Failure by school officials to offer legitimate non-discriminatory reasons for disciplinary actions taken against Black students.
  • Poor administration of discipline systems, including providing incorrect data (which often understates the impact on Black students), as well as a tendency to violate proscribed discipline procedures.

It is well established that Black students are not generally more likely to misbehave than other students, even after accounting for different socioeconomic backgrounds. Yet, adults are far more likely to punish Black students, and to punish them severely, when comparing similar conduct of their white peers.

A recent report by the ACLU of North Carolina found that between 2017 and 2023, statewide law enforcement and school staff filed school-based complaints of disorderly conduct against Black students at nearly four times the rate of their white counterparts. The disparity in the rate of referrals for disorderly conduct in schools is even worse for many state counties, where adults refer Black students at a rate of 23 to 42 times more than their white classmates.

What are the responsibilities of school officials in ensuring that students are treated fairly?

Federal officials have highlighted three key guidelines to ensure the nondiscriminatory administration of student discipline.

First, schools must enforce their standards in an evenhanded way. Standards must be legitimate, and not serve as a pretext for engaging in discrimination. Disturbingly, the departments have found instances in which the stated reasons for disciplinary policies or actions were an excuse to treat certain students unfairly, rather than legitimate reasons.

Second, the “duty not to discriminate extends to those who carry out some or all of the schools’ function, including security staff, private security companies, or other contractors, as well as school district police officers or school resource officers.” This requirement is especially significant given the expansion in the number and roles of law enforcement in schools, as well as the increase in student arrests and referrals to law enforcement in the years before the pandemic. Nationwide, student arrests increased 5 percent and referrals to police increased 12 percent in just two years, according to the Department of Education.

Third, schools are generally permitted by federal law — indeed encouraged — to host programming, clubs, and other educational forums that allow children to learn about the history of race in America, the history of their own cultural groups, establish mentoring programs to support students from non-privileged backgrounds, and to organize listening sessions to hear about students’ views on what may contribute to or limit inclusive environments and positive racial climates.

These programs must remain open to all students and not promote hateful or demeaning stereotypes or violence against specific groups of people.

This year’s guidance follows prior federal resources on avoiding discrimination in school discipline and a 2015 White House summit tackling this very issue, underscoring the persistence of this problem.

Alarmingly, some of these earlier federal efforts were scuttled by the Trump/DeVos administration using the false and unsupported claim that discipline reforms aimed at reducing racial discrimination contributed to school shootings. That assertion has been debunked. Moreover, the largest discipline research study ever conducted, which examined the records of about 1 million Texas students, found that while Black students were more likely than other students to be disciplined during middle and high school years, they were less likely to commit offenses where school removal is required by law due to the seriousness of the infractions.

Discriminating against students on the basis of their race does not make schools safer — it makes them more dangerous for Black students, who are more likely to be denied equal educational opportunity because they are pushed out through harsh and inappropriate punishments. These federal resources remind us that our common goal should be to ensure that “all students attend schools where they are supported, safe, and able to access an excellent education. A school environment that is free from discrimination is essential to meeting that goal.”

We need you with us to keep fighting
Donate today

Published October 19, 2023 at 05:47PM
via ACLU https://ift.tt/qxINwtC

Tuesday 17 October 2023

Suriname: Third Review Under the Extended Arrangement Under the Extended Fund Facility-Press Release; Staff Report; and Statement by the Executive Director for Suriname

Suriname: Third Review Under the Extended Arrangement Under the Extended Fund Facility-Press Release; Staff Report; and Statement by the Executive Director for Suriname
Published October 16, 2023 at 07:00AM
Read more at imf.org

Monday 16 October 2023

Republic of the Marshall Islands: 2023 Article IV Consultation-Press Release; Staff Report; and Statement by the Executive Director for Republic of the Marshall Islands

Republic of the Marshall Islands: 2023 Article IV Consultation-Press Release; Staff Report; and Statement by the Executive Director for Republic of the Marshall Islands
Published October 16, 2023 at 07:00AM
Read more at imf.org

ACLU: Gender-Affirming Care for Veterans is Under Attack. Here's How We're Fighting Back.

Gender-Affirming Care for Veterans is Under Attack. Here's How We're Fighting Back.

Like many transgender people, the 2016 presidential election of Donald Trump was a deeply alarming and concerning turn for me in our country’s politics. At the time, I was an active-duty air mechanic in my seventh year of service in the United States Air Force. Unable to organize and protest in the streets — as millions did in the wake of that election and Trump’s disastrous presidency — and following the end of my service, I fought to organize on behalf of the 134,000 transgender veterans like myself with the Transgender American Veterans Association.

For years, transgender veterans have fought for the Department of Veterans Affairs to end its discriminatory restrictions on the forms of gender-affirming care that are provided by VA clinics and covered by VA insurance. But now, political extremists in Congress threaten to undo that progress and defund health care not only for transgender veterans, but for hundreds of thousands of transgender people who benefit from federally-funded programs like Medicare and Medicaid.

Transgender people in states across the country have had their health care threatened and their dignity denied by state-level restrictions targeting Medicaid coverage for gender-affirming care, banning it for transgender people under 18, and using the power of the state to persecute providers that support transgender people. Increasingly, however, these political attacks are going national, led by a bill introduced by Rep. Marjorie Taylor Greene that would bar any federal funds from going to gender-affirming care, censor information about this care from medical schools and research institutions, and make it a felony for any medical provider to support a transgender person under 18.

These same members of Congress have also latched onto the annual budget process as a new battlefield in this war against transgender people. Members of the House of Representatives have shoehorned in amendments into the federal budget that would defund insurance coverage for transgender people of any age in programs like Medicaid and Medicare and, in July, the House passed a version of the budget for Veterans Affairs that would deny myself and transgender veterans like me any access to medical care treating gender dysphoria.

The results of these amendments would be emotionally devastating and physically life-threatening. If cut off from this care, many transgender veterans will be forced to endure the disastrous effects of untreated gender dysphoria, including anxiety, depression, and suicidal ideation as a result of physical changes and effects we know run counter to our gender identity. Support for this care spans the entire mainstream of the medical community, and I can personally attest to the importance of this care to my safety, my dignity, and my freedom to thrive in this world.

It is far from a coincidence these restrictions on my health care and bodily autonomy are being proposed right alongside restrictions on abortion access and support for active-duty recruits who need abortion care. The repeal of Roe v. Wade was the beginning of a slippery slope of human rights violations for transgender people and cisgender people alike. If we only fight issues in the identity we cling to most, we not only negate those parts of ourselves, but neglect the communities in need around us. Our government is actively stripping its citizens of our rights and we are getting what we are due. We are oppressed together; we fight back together.

To help us fight back, I’m urging you to send a message to your member of Congress — regardless of party — to stand up and fight back against these baseless and life-threatening attacks on transgender people’s safety, dignity, and autonomy. I’m proud to organize with TAVA and am consistently amazed at the strength and tenacity of my fellow transgender veterans. But none of us are as strong as all of us, and we need your help to defend equality and freedom for all.

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Published October 16, 2023 at 10:51PM
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ACLU: Gender-Affirming Care for Veterans is Under Attack. Here's How We're Fighting Back.

Gender-Affirming Care for Veterans is Under Attack. Here's How We're Fighting Back.

Like many transgender people, the 2016 presidential election of Donald Trump was a deeply alarming and concerning turn for me in our country’s politics. At the time, I was an active-duty air mechanic in my seventh year of service in the United States Air Force. Unable to organize and protest in the streets — as millions did in the wake of that election and Trump’s disastrous presidency — and following the end of my service, I fought to organize on behalf of the 134,000 transgender veterans like myself with the Transgender American Veterans Association.

For years, transgender veterans have fought for the Department of Veterans Affairs to end its discriminatory restrictions on the forms of gender-affirming care that are provided by VA clinics and covered by VA insurance. But now, political extremists in Congress threaten to undo that progress and defund health care not only for transgender veterans, but for hundreds of thousands of transgender people who benefit from federally-funded programs like Medicare and Medicaid.

Transgender people in states across the country have had their health care threatened and their dignity denied by state-level restrictions targeting Medicaid coverage for gender-affirming care, banning it for transgender people under 18, and using the power of the state to persecute providers that support transgender people. Increasingly, however, these political attacks are going national, led by a bill introduced by Rep. Marjorie Taylor Greene that would bar any federal funds from going to gender-affirming care, censor information about this care from medical schools and research institutions, and make it a felony for any medical provider to support a transgender person under 18.

These same members of Congress have also latched onto the annual budget process as a new battlefield in this war against transgender people. Members of the House of Representatives have shoehorned in amendments into the federal budget that would defund insurance coverage for transgender people of any age in programs like Medicaid and Medicare and, in July, the House passed a version of the budget for Veterans Affairs that would deny myself and transgender veterans like me any access to medical care treating gender dysphoria.

The results of these amendments would be emotionally devastating and physically life-threatening. If cut off from this care, many transgender veterans will be forced to endure the disastrous effects of untreated gender dysphoria, including anxiety, depression, and suicidal ideation as a result of physical changes and effects we know run counter to our gender identity. Support for this care spans the entire mainstream of the medical community, and I can personally attest to the importance of this care to my safety, my dignity, and my freedom to thrive in this world.

It is far from a coincidence these restrictions on my health care and bodily autonomy are being proposed right alongside restrictions on abortion access and support for active-duty recruits who need abortion care. The repeal of Roe v. Wade was the beginning of a slippery slope of human rights violations for transgender people and cisgender people alike. If we only fight issues in the identity we cling to most, we not only negate those parts of ourselves, but neglect the communities in need around us. Our government is actively stripping its citizens of our rights and we are getting what we are due. We are oppressed together; we fight back together.

To help us fight back, I’m urging you to send a message to your member of Congress — regardless of party — to stand up and fight back against these baseless and life-threatening attacks on transgender people’s safety, dignity, and autonomy. I’m proud to organize with TAVA and am consistently amazed at the strength and tenacity of my fellow transgender veterans. But none of us are as strong as all of us, and we need your help to defend equality and freedom for all.

We need you with us to keep fighting
Donate today

Published October 16, 2023 at 06:21PM
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Friday 13 October 2023

ACLU: Baby Bonds: A Path Toward Prosperity for Future Generations

Baby Bonds: A Path Toward Prosperity for Future Generations

Being born into poverty often determines what the rest of your life looks like — not just for you, but for your kids and the generations that follow. Babies born into poverty face limited opportunities and begin their adult lives at a significant disadvantage. This persistent disparity is a major obstacle to achieving systemic equality.

Wealth inequality in the United States has reached alarming levels, particularly when viewed through the lens of racial disparities. This wealth gap isn’t just about money; it’s about historical and systemic injustices like redlining and discriminatory policies that have plagued marginalized communities for far too long. Currently, the net worth of a white family is eight times greater than that of a Black family. Everyone should have access to meaningful economic opportunities and get the chance to build their financial futures, not just the few who have access to wealth. To confront this pressing issue, we need proactive strategies.

Enter “baby bonds” — a simple yet profound idea, primarily originated and championed by economist Dr. Darrick Hamilton. Imagine every child in America receiving a government-funded savings account at birth, managed by federal, state, or local governments until adulthood. These accounts are designed to provide children with the economic resources needed to begin building long-term economic security and generational wealth — and a pathway out of poverty for millions of babies every year.

The way it works is simple: Babies are automatically enrolled at birth and receive a seed deposit that is income-dependent, meaning that lower-income families receive larger deposits, embodying a targeted, universal policy aimed at reducing wealth inequality. Federal and/or state treasuries would invest and administer the funds, which would grow over time until recipients choose to access them when they become adults. At that point, they can use these funds to pay for higher education, homeownership, or entrepreneurship — three of the most proven ways to build wealth in the U.S.

The impact of baby bonds can be transformative. Baby bonds can break the cycle of poverty and make prosperity achievable for the next generation. If administered nationally, baby bonds could shrink the racial wealth gap from 91 percent to 25 percent. By providing targeted support to lower-income communities, primarily Black and Latine, baby bonds seek to rectify some of the systemic injustices and disadvantages they disproportionately face.

Baby bonds can break the cycle of poverty and make prosperity achievable for the next generation.

The gap between rich and poor continues to widen in the U.S. — and it should be treated as a national emergency. Congress needs to strongly consider creating a national baby bonds program, such as that proposed in the American Opportunity Accounts Act (AOAA) as introduced by Sen. Cory Booker and Rep. Ayanna Pressley. Under the bill, every child born in the U.S. would be provided with a government-funded savings account with seeded and annual deposits based on income. At birth, each child would receive $1,000 with an annual supplement of up to $2,000, with children from the lowest-income households receiving the maximum amount. If the AOAA had been implemented 25 years ago, Black children today would have a median account balance of $27,500, Hispanic children would have $19,800, and white children would have $7,100.

States have already stepped up to the plate. Connecticut led the way and became the first to pass legislation in 2021, providing eligible babies with $3,200 in investment accounts. Washington, D.C. initiated a similar program, with potential funds growing to $25,000 by age 18. In 2022 California followed, offering up to $8,000 to eligible children who have lost a parent to COVID-19 or are in long-term foster care.

And the momentum is growing stronger. This year, eight additional states have considered or proposed baby bond legislation, including New Jersey, Iowa, Wisconsin, Washington, Nevada, Louisiana, Maryland, and Massachusetts. While eligibility would be universal under the AOAA, only babies born under Medicaid are typically eligible under state legislation, underscoring the need for a national program.

As baby bonds catch fire across the country, it’s clear this idea is resonating with Americans of all backgrounds. A recent national YouGov poll commissioned by the ACLU revealed broad support for establishing baby bond programs. Contrary to assumptions that support might be limited to high-cost living areas, the poll results indicate that people from diverse living environments are in favor of baby bonds. Across racial lines, there is also overwhelming support. Specifically, 73 percent of Black voters, 64 percent of Latine voters, 54 percent of white voters, and 60 percent of AMEMSA and Indigenous voters expressed their endorsement of baby bonds.

This widespread support highlights the policy’s potential to bridge racial disparities and garner support from a diverse range of communities. The most notable finding is that support also spans across the political spectrum. A majority of Democrats, Independents, and Republicans are all in favor of the baby bonds policy. This bipartisan support is particularly noteworthy, given that economic investments of this nature often face partisan opposition.

The ACLU stands firmly in support of baby bonds, recognizing their potential to reshape the landscape of racial and economic justice. It’s time to take a bold step toward a more equitable future, where every child has a chance to thrive, regardless of their family’s economic circumstances — at both the state and federal levels.

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Published October 13, 2023 at 11:06PM
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ACLU: Baby Bonds: A Path Toward Prosperity for Future Generations

Baby Bonds: A Path Toward Prosperity for Future Generations

Being born into poverty often determines what the rest of your life looks like — not just for you, but for your kids and the generations that follow. Babies born into poverty face limited opportunities and begin their adult lives at a significant disadvantage. This persistent disparity is a major obstacle to achieving systemic equality.

Wealth inequality in the United States has reached alarming levels, particularly when viewed through the lens of racial disparities. This wealth gap isn’t just about money; it’s about historical and systemic injustices like redlining and discriminatory policies that have plagued marginalized communities for far too long. Currently, the net worth of a white family is eight times greater than that of a Black family. Everyone should have access to meaningful economic opportunities and get the chance to build their financial futures, not just the few who have access to wealth. To confront this pressing issue, we need proactive strategies.

Enter “baby bonds” — a simple yet profound idea, primarily originated and championed by economist Dr. Darrick Hamilton. Imagine every child in America receiving a government-funded savings account at birth, managed by federal, state, or local governments until adulthood. These accounts are designed to provide children with the economic resources needed to begin building long-term economic security and generational wealth — and a pathway out of poverty for millions of babies every year.

The way it works is simple: Babies are automatically enrolled at birth and receive a seed deposit that is income-dependent, meaning that lower-income families receive larger deposits, embodying a targeted, universal policy aimed at reducing wealth inequality. Federal and/or state treasuries would invest and administer the funds, which would grow over time until recipients choose to access them when they become adults. At that point, they can use these funds to pay for higher education, homeownership, or entrepreneurship — three of the most proven ways to build wealth in the U.S.

The impact of baby bonds can be transformative. Baby bonds can break the cycle of poverty and make prosperity achievable for the next generation. If administered nationally, baby bonds could shrink the racial wealth gap from 91 percent to 25 percent. By providing targeted support to lower-income communities, primarily Black and Latine, baby bonds seek to rectify some of the systemic injustices and disadvantages they disproportionately face.

Baby bonds can break the cycle of poverty and make prosperity achievable for the next generation.

The gap between rich and poor continues to widen in the U.S. — and it should be treated as a national emergency. Congress needs to strongly consider creating a national baby bonds program, such as that proposed in the American Opportunity Accounts Act (AOAA) as introduced by Sen. Cory Booker and Rep. Ayanna Pressley. Under the bill, every child born in the U.S. would be provided with a government-funded savings account with seeded and annual deposits based on income. At birth, each child would receive $1,000 with an annual supplement of up to $2,000, with children from the lowest-income households receiving the maximum amount. If the AOAA had been implemented 25 years ago, Black children today would have a median account balance of $27,500, Hispanic children would have $19,800, and white children would have $7,100.

States have already stepped up to the plate. Connecticut led the way and became the first to pass legislation in 2021, providing eligible babies with $3,200 in investment accounts. Washington, D.C. initiated a similar program, with potential funds growing to $25,000 by age 18. In 2022 California followed, offering up to $8,000 to eligible children who have lost a parent to COVID-19 or are in long-term foster care.

And the momentum is growing stronger. This year, eight additional states have considered or proposed baby bond legislation, including New Jersey, Iowa, Wisconsin, Washington, Nevada, Louisiana, Maryland, and Massachusetts. While eligibility would be universal under the AOAA, only babies born under Medicaid are typically eligible under state legislation, underscoring the need for a national program.

As baby bonds catch fire across the country, it’s clear this idea is resonating with Americans of all backgrounds. A recent national YouGov poll commissioned by the ACLU revealed broad support for establishing baby bond programs. Contrary to assumptions that support might be limited to high-cost living areas, the poll results indicate that people from diverse living environments are in favor of baby bonds. Across racial lines, there is also overwhelming support. Specifically, 73 percent of Black voters, 64 percent of Latine voters, 54 percent of white voters, and 60 percent of AMEMSA and Indigenous voters expressed their endorsement of baby bonds.

This widespread support highlights the policy’s potential to bridge racial disparities and garner support from a diverse range of communities. The most notable finding is that support also spans across the political spectrum. A majority of Democrats, Independents, and Republicans are all in favor of the baby bonds policy. This bipartisan support is particularly noteworthy, given that economic investments of this nature often face partisan opposition.

The ACLU stands firmly in support of baby bonds, recognizing their potential to reshape the landscape of racial and economic justice. It’s time to take a bold step toward a more equitable future, where every child has a chance to thrive, regardless of their family’s economic circumstances — at both the state and federal levels.

We need you with us to keep fighting
Donate today

Published October 13, 2023 at 06:36PM
via ACLU https://ift.tt/U82En9q

Tuesday 10 October 2023

ACLU: The Supreme Court Must Find South Carolina’s Voting Map Unconstitutional

The Supreme Court Must Find South Carolina’s Voting Map Unconstitutional

Racial discrimination exists in many forms. It can be as violent and overt as police brutality or as subtle as lines drawn on a voting map. In the latter case, the act may seem innocuous or technical, but the impact is significant.

Just look at what happened in January 2022. Ahead of the midterm elections, South Carolina’s majority-white and majority-Republican Legislature redrew Congressional District 1 (CD 1) to maintain political power. But it purposefully targeted Black communities to do so. Mapmakers unnecessarily moved thousands of Black voters out of the district in textbook racial sorting.

But the Equal Protection Clause of the Fourteenth Amendment forbids the sorting of voters on the basis of their race.

That’s what’s being argued in Alexander v. South Carolina State Conference of the NAACP. The American Civil Liberties Union, ACLU of South Carolina, Legal Defense Fund (LDF), and Arnold & Porter challenged the map on behalf of the South Carolina State Conference of the NAACP and an individual voter, Taiwan Scott.

In January 2023, a unanimous federal three-judge court ruled that CD 1’s configuration in the 2022 map was unconstitutional because the Legislature sorted Black voters by race, and that therefore South Carolina would have to redraw it. The state appealed the ruling, however, and the Supreme Court is now set to hear oral argument on October 11.

Here’s a closer look at why this redistricting case is so important and what it could mean for Black communities in South Carolina — and across the country.

What is redistricting and why is it so important?

Redistricting is the process of redrawing the district maps on the basis of which public officials are elected. This process occurs every 10 years to account for new census data and population changes, because the Constitution requires that each district have roughly the same number of voters.

Redistricting can affect election outcomes from the federal to the local level. As a result, it can affect how communities are represented in government and how resources are distributed for health care, education, and infrastructure.

What is gerrymandering?

The redistricting process is vulnerable to abuse: it is an opportunity for legislators interested in protecting their seats to pick their preferred voters and to displace disfavored ones. A “gerrymander” refers to a district map that has been drawn to manipulate the outcome of elections. The term was coined in 1812, referring to a salamander-shaped district designed to favor Massachusetts Governor Elbridge Gerry’s political party.

Today, districts are drawn using vast amounts of data, with increasingly sophisticated methods and software that heighten the ability of legislators to pick and choose between voters. This precision enhances the opportunity for gerrymandering.

South Carolina’s Legislature, for example, gerrymandered CD 1 by targeting and drawing Black communities out of the district, “exiling” them to adjacent districts — as the trial court found in the Alexander case.

Gerrymandering, by skewing the composition of a district, can prevent voters’ voices from being heard and unfairly distort election results.

How do redistricting and gerrymandering disproportionately affect Black communities?

Redistricting and gerrymandering affect all communities, but, in practice, they often have a disproportionate impact on communities of color. That’s because these practices are often employed to limit their ability to vote for representatives who can advocate for their needs and make their voices heard. When legislatures sort by race, as the court found happened in South Carolina, the legislatures also entrench the belief that representatives need only respond to members of a particular group.

In South Carolina’s CD 1, gerrymandering prevents voters from accessing representatives who could fight for economic development, affordable housing, healthcare, resources for historically Black colleges and universities, and broadband internet, among many other issues.

Why is South Carolina’s CD 1 district map considered unconstitutional?

South Carolina unlawfully assigned voters to congressional districts based on their race and intentionally discriminated against Black voters. It acted in violation of the Equal Protection Clause of the Fourteenth Amendment, which forbids the sorting of voters on the basis of their race, absent a compelling interest such as satisfying an obligation under the Voting Rights Act. The Fourteenth and Fifteenth Amendments also forbid intentional racial discrimination.

In January 2023, a panel of three federal judges unanimously concluded that South Carolina’s congressional map is unconstitutional.

How is the ACLU working to fight discrimination in the redistricting process?

The ACLU works to ensure that redistricting takes place in a fair way that respects all voters and their communities.

In Alexander v. South Carolina State Conference of the NAACP, the ACLU is advocating for the implementation of a fair and lawful CD 1 map in time for the 2024 election cycle.

What will happen when the Supreme Court hears this case?

The case is set to be heard at the Supreme Court on October 11. Because the lower court applied settled legal principles and concluded that the CD 1 map was unconstitutional based on extensive evidence, we are confident that the Supreme Court will do the same.

Black voters in CD 1 have already had to vote under an unconstitutional map once in the 2022 midterm elections. They shouldn’t have to endure that injustice in the upcoming 2024 elections, or ever again. We will fight until Black South Carolina voters have a lawful map that fairly represents them.

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Published October 10, 2023 at 06:43PM
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ACLU: The Supreme Court Must Find South Carolina’s Voting Map Unconstitutional

The Supreme Court Must Find South Carolina’s Voting Map Unconstitutional

Racial discrimination exists in many forms. It can be as violent and overt as police brutality or as subtle as lines drawn on a voting map. In the latter case, the act may seem innocuous or technical, but the impact is significant.

Just look at what happened in January 2022. Ahead of the midterm elections, South Carolina’s majority-white and majority-Republican Legislature redrew Congressional District 1 (CD 1) to maintain political power. But it purposefully targeted Black communities to do so. Mapmakers unnecessarily moved thousands of Black voters out of the district in textbook racial sorting.

But the Equal Protection Clause of the Fourteenth Amendment forbids the sorting of voters on the basis of their race.

That’s what’s being argued in Alexander v. South Carolina State Conference of the NAACP. The American Civil Liberties Union, ACLU of South Carolina, Legal Defense Fund (LDF), and Arnold & Porter challenged the map on behalf of the South Carolina State Conference of the NAACP and an individual voter, Taiwan Scott.

In January 2023, a unanimous federal three-judge court ruled that CD 1’s configuration in the 2022 map was unconstitutional because the Legislature sorted Black voters by race, and that therefore South Carolina would have to redraw it. The state appealed the ruling, however, and the Supreme Court is now set to hear oral argument on October 11.

Here’s a closer look at why this redistricting case is so important and what it could mean for Black communities in South Carolina — and across the country.

What is redistricting and why is it so important?

Redistricting is the process of redrawing the district maps on the basis of which public officials are elected. This process occurs every 10 years to account for new census data and population changes, because the Constitution requires that each district have roughly the same number of voters.

Redistricting can affect election outcomes from the federal to the local level. As a result, it can affect how communities are represented in government and how resources are distributed for health care, education, and infrastructure.

What is gerrymandering?

The redistricting process is vulnerable to abuse: it is an opportunity for legislators interested in protecting their seats to pick their preferred voters and to displace disfavored ones. A “gerrymander” refers to a district map that has been drawn to manipulate the outcome of elections. The term was coined in 1812, referring to a salamander-shaped district designed to favor Massachusetts Governor Elbridge Gerry’s political party.

Today, districts are drawn using vast amounts of data, with increasingly sophisticated methods and software that heighten the ability of legislators to pick and choose between voters. This precision enhances the opportunity for gerrymandering.

South Carolina’s Legislature, for example, gerrymandered CD 1 by targeting and drawing Black communities out of the district, “exiling” them to adjacent districts — as the trial court found in the Alexander case.

Gerrymandering, by skewing the composition of a district, can prevent voters’ voices from being heard and unfairly distort election results.

How do redistricting and gerrymandering disproportionately affect Black communities?

Redistricting and gerrymandering affect all communities, but, in practice, they often have a disproportionate impact on communities of color. That’s because these practices are often employed to limit their ability to vote for representatives who can advocate for their needs and make their voices heard. When legislatures sort by race, as the court found happened in South Carolina, the legislatures also entrench the belief that representatives need only respond to members of a particular group.

In South Carolina’s CD 1, gerrymandering prevents voters from accessing representatives who could fight for economic development, affordable housing, healthcare, resources for historically Black colleges and universities, and broadband internet, among many other issues.

Why is South Carolina’s CD 1 district map considered unconstitutional?

South Carolina unlawfully assigned voters to congressional districts based on their race and intentionally discriminated against Black voters. It acted in violation of the Equal Protection Clause of the Fourteenth Amendment, which forbids the sorting of voters on the basis of their race, absent a compelling interest such as satisfying an obligation under the Voting Rights Act. The Fourteenth and Fifteenth Amendments also forbid intentional racial discrimination.

In January 2023, a panel of three federal judges unanimously concluded that South Carolina’s congressional map is unconstitutional.

How is the ACLU working to fight discrimination in the redistricting process?

The ACLU works to ensure that redistricting takes place in a fair way that respects all voters and their communities.

In Alexander v. South Carolina State Conference of the NAACP, the ACLU is advocating for the implementation of a fair and lawful CD 1 map in time for the 2024 election cycle.

What will happen when the Supreme Court hears this case?

The case is set to be heard at the Supreme Court on October 11. Because the lower court applied settled legal principles and concluded that the CD 1 map was unconstitutional based on extensive evidence, we are confident that the Supreme Court will do the same.

Black voters in CD 1 have already had to vote under an unconstitutional map once in the 2022 midterm elections. They shouldn’t have to endure that injustice in the upcoming 2024 elections, or ever again. We will fight until Black South Carolina voters have a lawful map that fairly represents them.

We need you with us to keep fighting
Donate today

Published October 10, 2023 at 11:13PM
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