Friday, July 17, 2020

The High Court ignores the Constitution and the 24th Amendment

This week the Supreme Court ratified Florida's poll tax on former felons, completely ignoring both the spirit and letter of the 24th Amendment!

The 24th Amendment clearly states:
“The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.”

Florida had barred felons who had served their time from voting. The state recently passed a constitional amendment stating:

“all terms of their sentence including parole or probation.”

Naturally the legislature passed a law “that required residents who have been convicted of a felony to pay all court costs, fees and fines before they can become eligible to vote.”

Since the court system doesn't seem to have any obligation to present a final bill to prisoners when they've done their time, this amounted to a poll tax, since there is no requirement that the courts not pile on additional fees (that amount to taxes) and in usual style, can turn a felon into a debt slave for years after they have done their time. Voting rights advocates sued, the first time on the grounds it discriminated against the poor, and the second time because such gratuitous fees and levies amount to a poll tax aimed at preventing the poor from voting. The district court noted these thingsf and also concluded:

“that because it could take years for the state to figure out how much residents with past convictions must pay to be eligible to vote, the law will discourage voters from registering at all, because they will be afraid that they will be charged with fraud if they make a mistake.”

So being mistaken about whether one has paid the taxes or not would lead to further incarceration!

Scotus Blog

This was appealed on 24th amendment grounds and also matters of justice. The appeal was denied with no grounds cited. Obviously to prevent the constitutional amendment from actually helping most citizens it applies to by the 6/3 Republican Majority.

Sonya Sotomayor notes:

“This Court’s order prevents thousands of otherwise eligible voters from participating in Florida’s primary election simply because they are poor,”

And

“And it allows the Court of Appeals for the Eleventh Circuit to disrupt Florida’s election process just days before the July 20 voter-registration deadline for the August primary, even though a preliminary injunction had been in place for nearly a year and a Federal District Court had found the State’s pay-to-vote scheme unconstitutional.”

This is another example of how the Conservative Judges interpret "due process" meaning "following the forms" and don't really care if either the spirit or the substance of the constitution is applied.

Sources and Further Reading
https://lawandcrime.com/2020-election/sotomayor-blasts-supreme-court-for-upholding-florida-poll-tax-that-excludes-voters-simply-because-they-are-poor/
Just as Bad:
Barr Vs Lee

No comments:

Post a Comment