Will Upcoming U.S. Presidential Election Be Legitimate? 

Any country that claims to be a democracy in the midst of the Covid-19 pandemic should be taking steps to encourage maximum voter participation while protecting voters from risking their health. Such steps would include facilitating voter registration and maximizing the use of voting by mail. That seems self-evident. Yet it is not happening throughout the U.S., and, as is usual in our complex federal system, the rules governing this November’s U.S. election are complicated.[1]

Introduction

While every presidential election year brings an increase in voting rights litigation, the current pandemic has multiplied the number of lawsuits filed in the past 3½ months. Democrats and voting rights advocates are pursuing cases to make it easier to vote by mail, filing more than 60 lawsuits in 25 states.

These lawsuits “are now poised to shape the details of how roughly 130 million registered voters are able to cast ballots in upcoming contests.” However, “conflicting court decisions could exacerbate the differences in voters’ experiences at the ballot box in November. And as the fights play out, the uncertainty is further complicating election officials’ ability to prepare for the vote.”

The American Civil Liberties Union’s Dale Ho, who supervises its voting litigation, says, “I think it’s clear we have a potential disaster on our hands on Election Day if we can’t process as many votes as possible beforehand. The alarm bells are going off. It’s not just some sort of hypothetical as a problem — we’ve seen it as a problem multiple times. It will repeat in November. The question is how much and in how many places and how badly.”

A Democratic elections attorney, Marc Elias, agrees. “When the political branches fail to protect voting rights, it is left to the courts to do that. If the political branches were functioning the way they’re supposed to, you would have Republicans and Democrats agreeing to increase access to absentee voting. You’d be putting in place safeguards to make sure every eligible voter who casts a ballot has that ballot counted. . . . Unfortunately, the Republican Party is taking its cues from Donald Trump.”

Common Cause’s director of voting and elections, Sylvia Albert, said decisions about how to handle voting during a pandemic are not easy but “have to be made.” She added,“There is no waiting it out,” noting that as more time passes, the shorter the window for educating voters about any changes becomes. “As a state legislator, as a secretary of state, as a governor, you are responsible for ensuring that voters can access the ballot. By not moving ahead, they’re really abdicating their responsibility to the voters.”

President Trump’s Opposition to Mail Voting

The principal cause of the problem of this election is President Trump, who has made it clear that he is determined to curtail access to mail ballots, claiming without evidence that their use leads to widespread fraud. “My biggest risk is that we don’t win lawsuits,” the president said in June in an interview with Politico. “We have many lawsuits going all over. And if we don’t win those lawsuits . . . I think it puts the election at risk.” As a result, the GOP is pushing to limit the expansion of voting by mail, backed by a $20 million Republican National Committee effort and help from conservative groups.

However, there is no evidence that mail voting leads to the kind of massive fraud Trump has described. A recent analysis by The Washington Post found that cases of potential fraud have been exceedingly rare in states that conduct voting exclusively by mail.

Nevertheless, with “Republican governors under pressure from President Trump not to expand voting by mail and many legislatures adjourned for the year or deadlocked along party lines, changes in the coming months are likely to come through court decisions.” As a result, this blogger fears that the Trump Administration will do anything and everything to try to steal this year’s presidential election.

Fortunately former Republican Governor of Massachusetts, Bill Weld, has come out against Trump on this (and other) issues. He says,“absentee voting has been around since the Civil War and . . ., increasingly, states both red and blue are not just allowing but also encouraging citizens to vote by mail.”[2]

Indeed, Weld says, “Public support for voting-by-mail was in place long before the novel coronavirus came along. In the past week, Colorado and Utah conducted successful, smooth primary elections almost entirely by mail, with strong turnouts and no need for voters to stand in unhealthy lines. For a highly contested June 23 primary, Kentucky’s Democratic governor and Republican secretary of state worked together to make absentee voting less cumbersome. It worked, and turnout was at near-record levels. . . . The only problems Kentucky encountered resulted from the covid-19-driven consolidation of in-person, Election Day polling places.”

Weld also notes that public opinion polls show nearly 80 percent of voters support giving all voters the option of voting in person or voting absentee. That includes a majority of Republicans — the president’s paranoia notwithstanding.”[3]

Therefore, Weld concludes, “To my fellow Republicans, I plead with you to not follow Trump off this cliff. A political party that brands itself as the party of exclusion, disregard for citizens’ safety and thinly veiled vote suppression is not a party with a future.”

 State Developments on Mail Voting

Here is an attempted analysis of where at least some of the states stand on rules for the November 3, 2020 election.

Alabama. Because of the virus, Alabama officials are allowing any registered voter to cast an absentee ballot in the upcoming election without having to cite a valid reason. In  a lawsuit filed by civil rights groups citing coronavirus dangers, Birmingham-based U.S. District Court Judge Abdul Kallon on June 15 struke down a requirement for absentee voters to submit a copy of a photo ID and to have their ballots signed off by two witnesses or a notary public as well as lifting a statewide ban on curbside voting at polling places. The judge said he would permit willing counties to allow drive-up voting, but he stopped short of requiring such an accommodation. This order was upheld by the 11th Circuit Court of Appeals, but on July 2, the U.S. Supreme Court, 5-4,  reversed that order for the July 14 primary runoff election for the U.S. Senate between Jeff Sesssions and Tommy Tuberville.[4]

California, Nebraska (counties < 10,000) and North Dakota provide counties the option to conduct all voting by mail. In addition, California Gov. Gavin Newsom (Dem.) ordered election officials to proactively send absentee ballots to all active registered voters in the state for the general election. This move drew fierce opposition from the right, including a lawsuit from the Republican National Committee, but the change subsequently was authorized by a new state law.[5]

Colorado, Hawaii, Oregon, Utah and Washington authorize all voting by mail. “For these elections, all registered voters receive a ballot in the mail. The voter marks the ballot, puts it in a secrecy envelope or sleeve and then into a separate mailing envelope, signs an affidavit on the exterior of the mailing envelope, and returns the package via mail or by dropping it off.”[6]

District of Columbia. It will send absentee ballots to all registered voters.

Georgia. The GOP Secretary of State mailed absentee ballot request forms to voters for the June 9 primaries. The Republican House Speaker, however, warned that expanded absentee voting could lead to fraud, and a state House committee approved a measure that would bar the mailing of absentee request forms for the fall, but the bill failed to pass before the legislature adjourned. The Georgia Secretary of State, however, already had said his office lacked funds to send ballot request applications for the general election, even though,

“By a wide margin, voters on both sides of the political spectrum agree that sending absentee applications to all active voters was the safest and best thing our office could do to protect our voters at the peak of COVID-19.”

Illinois and Michigan. This year these states will mail absentee ballot applications to all registered voters.

Iowa. Gov. Kim Reynolds (Rep.) signed a bill into law that will require the secretary of state to seek legislative approval to send absentee ballot request forms to voters before November. This was seen as a rebuke to Iowa’s Republican Secretary of State, who mailed the forms to voters for the primary last month, resulting in a new turnout record for a June primary in the state.

Massachusetts. For the rest of this year this commonwealth has chosen to abandon its requirement for an excuse for an absentee ballot.

Missouri. As a result of an ACLU lawsuit, the Missouri Legislature adopted a statute expanding voting by mail during the pandemic, while retaining the statutory requirement for a notarization of the ballot with the legitimacy of that requirement still being litigated under a ruling by the Missouri Supreme Court.[7]

Pennsylvania. The Trump campaign recently sued to stop voters from using drop boxes to return completed absentee ballots and block ballots from being counted if they do not arrive inside the provided secrecy envelope. The Complaint alleged that mail voting “provides fraudsters an easy opportunity to engage in ballot harvesting, manipulate or destroy ballots, manufacture duplicitous votes, and sow chaos.” The Democratic Party obviously is opposing this lawsuit

Tennessee. Last month a Nashville judge ruled that any eligible voter who is concerned about contracting covid-19 at a polling place may cast an absentee ballot this fall, even though state law would typically require that voter to qualify using an excuse. The state Supreme Court declined last week to stay that decision after a request from Republican Secretary of State Tre Hargett.

Texas. The Texas Democratic Party and several voters sued in federal court to allow all eligible Texas voters to vote by mail, at least during the coronavirus pandemic, on the ground that the state’s over-65 age limitation for such voting allegedly was unconstitutional, which contention was upheld by a trial court’s injunction, but reversed by the appellate court with the U.S. Supreme Court on June 26th rejecting an emergency appeal by the plaintiffs and remanding the case to the appellate court. (Justice Sotomayor urged the appellate court to consider the case “well in advance of the November election”).[8]

Wisconsin. On June 29, the U.S. Court of Appeals for the 7th Circuit ruled that after more than three years, Wisconsin must reinstate several Republican-backed voting restrictions, including limits on early voting. The original GOP policies were struck down in 2016 for discriminating against minority voters, a conclusion the appellate panel rejected this week.[9]

Guarding Legitimacy of this Year’s Presidential Election

Great concern over the integrity of this presidential election has been expressed by William A. Galston, the Ezra K. Zilkha Chair in the Brookings Institution’s Governance Studies Program, a former policy advisor to President Clinton and a Wall Street Journal columnist.  He said, “After a quarter-century of toxic division, our democracy is imperiled. A contested election could tip the U.S. into a devastating crisis of legitimacy, a prospect that every patriot must regard with dismay.”[10]

Therefore, Galston suggested four ways to minimize the risks in this upcoming election.

First, “To reduce pressure on the mail-in option, localities must provide the fullest possible opportunity to vote in person, as New York University law professor Richard A. Pildes has argued. This means increasing the number of polling places while expanding opportunities for early voting. Many elderly poll workers will be reluctant to do the job this year; large numbers of younger Americans should be recruited and trained to replace them. Schools should continue to serve as polling places, as they have for decades, and Election Day should be a school holiday.”

Second, “states should do what they can to facilitate the fastest possible count of mail-in ballots. Mr. Pildes recommends processing the mail-in ballots that arrive before Election Day so that they can be tallied in time for the results to be included in the count soon after the polls close, a procedure that California now employs. Other states—including Michigan, North Carolina and Pennsylvania—would have to change their laws to permit this, and they should.”

Third, “As Nathaniel Persily, a co-director of the Stanford-MIT Healthy Elections Project points out, the media have a crucial role to play as well. Reporters should educate themselves and the public about the all but certain delay in the vote count that the flood of mail-in ballots will entail. Above all, media organizations should resist the urge to call the election ahead of their competitors and instead wait until enough ballots have been tallied to know the result with confidence. In the past, ill-judged early calls of key states have sown confusion. This year, the consequences could be far worse.”

Fourth, “America’s elder statesmen must do all they can to ensure election integrity. Former Presidents Bill Clinton and George W. Bush should spearhead the formation of a bipartisan committee including respected figures such as former Senate Majority Leaders Tom Daschle and Trent Lott, former Secretaries of State Madeleine Albright and Condoleezza Rice, and former Secretaries of Defense Leon Panetta and Robert Gates, along with lawyers and election experts from both parties who have served in previous presidential campaigns. Committee staff should be ready to investigate charges of fraud as soon as they arise and observe the counting of mail-in ballots if asked. Committee leaders should announce their findings as quickly as accuracy permits and stand united in their defense.”

Such a committee’s “most important tasks would be meetings soon after Labor Day with Senate Majority Leader Mitch McConnell and House Speaker Nancy Pelosi. These leaders should be asked for a public pledge to stand together against unsubstantiated claims that the election has been stolen and to do their utmost to persuade elected officials in their respective parties to stand with them.”

Conclusion

In addition to all of the above litigation, the Supreme Court still has to resolve two cases about so-called “faithless” electors in the Electoral College that actually elects the President. Presumably decisions in those two cases will come down this coming week and will be discussed in a future post.[11]

Another future post will examine ways to create stronger voting rights from Richard L. Hasen, Professor of law and political science at the University of California, Irvine and the author of “Election Meltdown: Dirty Tricks, Distrust and the Threat to American Democracy.”

Comments to this post for corrections and supplementation for new developments are earnestly solicited.

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[1] See generally Viebeck, Voting rules changed quickly for the primaries. But the battle over how Americans will cast ballots in the fall is just heating up, Wash. Post (July 3, 2020).

[2] Weld, Please, Republicans don’t join Trump’s crusade against voting-by-mail, Wash. Post (July 3, 2020). See also Strauss, ‘We’ve got to do something’: Republican rebels come together to take on Trump, Guardian (July 2, 2020).

[3] See also Brennan Center for Justice, Americans of All Stripes Want a Mail Ballot Option.

[4] Liptak, Splitting 5-4, Supreme Court Grants Alabama’s Request to Restore Voting Restrictions, N.Y. Times (July 2, 2020); Gerstein, Supreme Court blocks judge’s order loosening Alabama voting requirements due to virus, Politico (July 2, 2020).

[5] National Conf. State Legislatures, All-Mail Elections (aka Vote-By-Mail).

[6] Ibid.

[7] ACLU, Press Release: Court Rules Lawsuit To Allow All Missourians to Vote By Mail Without a Notary During Covid-19 Can Proceed (June 23, 2020).

[8] Liptak, Supreme Court Turns down Request to Allow All Texans to Vote by Mail, N.Y.Times (June 26, 2020); Assoc. Press, Supreme Court doesn’t wade into mail-in voting battle, Wash. Post (June 26, 2020); Barnes, Supreme Court won’t force Texans to allow absentee ballots for all voters, Wash. Post (June 26, 2020).

[9] Earlier this year there was federal court litigation over the Wisconsin primary election that lead to counting of ballots that had been mailed no later than election day. (See these posts and comments to dwkcommentaries.com: Pandemic Journal (# 10): Wisconsin Primary Election (April 10, 2020); Comment: More Criticism of Republican Strategy of Limiting Voting (April 12, 2020; Comment: More Comments on Wisconsin Election (April 13, 2020); Comment: Surprising Results in Wisconsin Election (April 14, 2020); Commnet: George F. Will’s Opinion on Voting By Mail (VBM) (April 15, 2020); Comment: Emerging Battles Over Changing State Election Laws (April 15, 2020); Comment: New York Times Editorial on Wisconsin Election (April 20, 2020; Comment: Thousands of Wisconsin Absentee Ballots Counted After Election Day (May 3, 2020).

[10] Galston, How to Prevent an Electoral Crisis, W.S.J. (June 30, 2020).

[11] Liptak, Supreme Court Seems Ready to Curb ‘Faithless Electors,’ N.Y. Times (May 13, 2020); Wegman, The Electoral College Is a Confusing Mess, N.Y.Times (May 13, 2020).

 

 

 

U.S. State Governments Celebrate Refugees’ Accomplishments

The now enjoined Trump executive order requiring state and local governments to consent to refugee resettlement has had what the President probably did not expect: many of the 42 states so consenting, all by their governors (both Republican and Democrat), also celebrated the many accomplishments of the previous refugees who have resettled in their states. These positive comments about refugees need to be remembered and continuously publicized, and so here they are. [1]

Alaska. Although the state has not officially submitted a consent letter to the federal government, its Governor in a press conference said, “the resettlement program has a longstanding history and is in line with U.S. and Alaska values.  I think America and Alaska get behind because, once again, it’s folks that are in situations where there’s war or some type of persecution and of course, when they apply to come here, the hope is that that’s put behind them and they can get on with their lives and be part of the state, if they choose to stay, and part of the country.”

Arizona. “Throughout our nation’s history, the United States has been a refuge for individuals fleeing religious and political persecution in their homeland, and Arizona has historically been one of the most welcoming states in terms of the number of refugees resettled here. Refugees arriving in the United States have been vetted and approved by the appropriate national security agencies and Department of State and have been granted legal entry to make a new home in the land of the free.”

Arkansas.  “Arkansans have a history of welcoming refugees. While we fully support control of our borders and oppose illegal immigration, we also value the contribution of immigrants and understand the importance of America continuing to be a welcoming nation for those truly seeking refuge and following the legal path to our land. Immigrants bring energy, a thirst for freedom, and a desire to pursue the American dream. This is America’s strength and part of our future.”

California “The State of California is proud to be a welcoming state, and is committed to the continued resettlement of refugees in partnership with local jurisdictions and community partners. California recognizes its resettlement programs and services are an indispensable lifeline to refugees who have been forcibly dispatched from their home countries and cannot rebuild their lives where they first fled.”

“The refugee resettlement program has a long history in California, spanning over 40 years and successfully resettling over 700,000 men, women and children. During these four decades, refugees continuously have contributed to the enrichment of our economy, culture, and society. California’s communities have flourished because of their diversity and ongoing ability to embrace refugees and immigrant families. . . . Refugees deserve our support and we will keep our doors open to these families and people to sustain  an inclusive California for all.”

 Colorado. “Colorado will continue to assist and resettle more refugees in our communities as long as people around the world are displaced from their home countries.”

“Since 1980, Colorado has welcomed individuals and families fleeing persecution, war, and violence from all over the world through the United States Refugee Admissions Program. Having a robust refugee program ensures that we are upholding our American values of humanitarianism, freedom, and opportunity. Not only is investing in refugees the compassionate and humane thing to do, refugees contribute to our economy in ways that benefit all Coloradans. For every dollar Colorado invests in refugees, we receive a $1.23 return on investment in tax revenue, and four new Colorado jobs are created for every refugee who is resettled in our State.”

Connecticut. “It is a bedrock principle of the United States of America that we welcome to our shores those fleeing tyranny, persecution and violence. As you well know, prior to being admitted to the United States, a refugee must undergo a rigorous vetting process. And we know from our own experience here in Connecticut that refugees enrich the communities that offer them shelter- socially, culturally, and economically. In addition, many people are resettled in our country as part of the Special Immigrant Visa (SIV) program, because they have put their lives and safety, and that of their families, at risk to help ensure the success and safety of our military service members in Afghanistan and Iraq. Connecticut is proud to do its part to honor our country’s commitment to them. The policy of the Trump Administration over several years to cut dramatically the number of refugees allowed to resettle in the United States is antithetical to our heritage and our values.”

Delaware. “Our country has historically been a refuge of safe harbor for those fleeing war-torn countries, violence, and political persecution. We should continue to stand as a beacon of hope and freedom for people around the world. In that spirit, as Delawareans, we are proud to do our part, and continue to accept the resettlement of refugees.”

Illinois. “Since 1975, the State of Illinois has welcomed and resettled more than 130,000 refugees from more than 86 countries. In recent years, 1,000 to 3,000 refugees, those seeking asylum, and victims of human trafficking arrived in Illinois annually. Refugees have successfully rebuilt their lives and made positive social and economic contributions to Illinois. They have helped revitalize neighborhoods and added to the cultural vitality of our state and communities. As survivors of persecution, refugees embody the importance of human rights, democracy, and freedom. Refugees’ resilience in the face of hardship inspires courage, hope, and perseverance. And refugees’ countless contributions undoubtedly make our states and nation stronger.”

Indiana. “Indiana is a destination of certainty, stability and opportunity. As a state, we are on course to become the absolute best place in America to grow as an individual, a family, a business and as a community. Our long tradition of welcoming and helping to resettle refugees with support from our federal partners, shows the world the compassion of Hoosiers and our willingness to give others the ability to grow and prosper in the great state of Indiana.”

“In just the last five years, state based non-profit agencies have resettled thousands of deserving, qualified individuals in the Hoosier state, who have been fully and carefully vetted by relevant federal government agencies. These are . . . individuals who have gone through all the proper channels, were persecuted for their religious or political beliefs in their homeland and have sought and been granted refugee status in our nation of immigrants.”

Kansas. “Kansas has a long and proud history of welcoming the world’s refugees to our state. Refugees are not simply looking for a better home, they are fleeing some of the most horrific violence, war, famine, religious and cultural persecution of our time. Our country and our state can provide the security they need for a safer place to call home. The citizens of Kansas have shown time and again a strong commitment to welcoming refugees into communities statewide.”  She also said, “Refugees come to our country and state looking for a better place to live. Our country and our state benefit as they also make positive contributions in significant ways. They contribute to our economy, workforce and the cultural fabric of our state and nation.”

Maine. “For more than forty years, and under the leadership of seven Democratic, Republican and Independent governors, Maine has participated in the federal refugee resettlement program. Over the course of those decades we have welcomed nearly 10,000 people from more than 30 countries – people who have resettled in Maine with the hope of finding peace, safety and work for themselves and their families.”

“Maine has a workforce shortage, projected to grow worse over the next decade, creating serious challenges for businesses seeking to hire qualified workers in every industry and in every sector of our economy. Our state welcomes refugees who have skills, education and ability, a proven work ethic and tremendous drive. It is the right thing to do, and it is critical to the strength of our economy and our future success as a state.”

Massachusetts. “Massachusetts is committed to continuing to serve as a source of hope and opportunity, welcoming those seeking refuge with open arms and ensuring that newcomers feel safe, valued and supported as they settle into a new country and integrate into new communities.”

“The United States has a proud and noble tradition of serving as a country of refuge for those most vulnerable in the world. The Commonwealth welcomed 516 refugees last year, from 30 countries, and has welcomed 14,282 refugees over the past decade, from 59 countries. Throughout history, many of the refugees our Country admitted became distinguished scientists, government leaders, entrepreneurs, cultural icons, and public servants. We have much to gain in providing refuge to those in need. Foreign born employees provide significant support to our economy and make up a critical part of the health and human services sector workforce.”

Michigan. “Michigan has a rich history of welcoming refugees and other immigrants to our state. I am committed to ensuring that we remain a leader in responding to the needs of globally displaced families and individuals. We recognize the value of being a welcoming state, and the contribution of refugees to the fabric of our communities. Refugees enhance our state socially, culturally, and economically.”

Minnesota. “Minnesota has a strong moral tradition of welcoming those who seek refuge. Our state has always stepped forward to help those who are fleeing desperate situations and need a safe place to call home. Refugees strengthen our communities. Bringing new cultures and fresh perspectives, they contribute to the social fabric of our state. Opening businesses and supporting existing ones, they are critical to the success of our economy. Refugees are doctors and bus drivers. They are entrepreneurs and police officers. They are students and teachers. They are our neighbors.”

“We will continue to work hard to ensure refugees become a thriving part of our communities, and I am confident this demonstration of compassion will mark the first step in these immigrants becoming  patriotic and productive fellow Americans.”

Missouri. “Missouri has a long and rich history of immigration, dating back to America’s earliest explorers, fur traders, and missionaries. Today, Missouri’s population includes thousands of former refugees who have become vital members of our communities. Since 2002, nearly 18,000 refugees from 45 countries have resettled in Missouri.”

“In Missouri, state organizations and faith-based groups work tirelessly to support refugee resettlement. Currently, there are five agencies that integrate refugees in St. Louis, Kansas City, Columbia, and Springfield, where they have helped strengthen local economies, especially through entrepreneurship. These groups do an excellent job of transitioning newly settled populations, ensuring they are educated, trained, and prepared to assimilate into their new community. In fact, St. Louis boasts one of the largest Bosnian populations outside that country itself. Community volunteers, especially faith-based partners, continue to be an integral part of such local resettlement efforts.”

Nevada. “Nevada is proud of our long-standing tradition of resettling refugees. Since the 1970s, Republican and Democratic Governors from Nevada have welcomed these individuals into our state with open arms. Earlier this year, I had the opportunity to meet with dozens of refugee children in the State Capitol. . . . While their unimaginable experiences of suffering and hardship may have originated in different areas around the globe, the personal stories they shared were defined by courage, hope and resilience. These stories embody the dignity and values of this country. Such is the story of Nevada Assemblyman Alexander Assefa. Mr. Assefa came to the U.S. as a refugee with similar hopes and dreams. After a lot of hard work, he became a pilot, a small business owner, and he now proudly serves in the Nevada State Legislature. Above all, he is a proud American.”

“We need not forget that refugees fled for their lives after enduring persecution, war and dire humanitarian conditions. Many waited several years in remote places, while undergoing extensive background checks and security clearances, for the opportunity to start a new life in the United States. Once here, refugees become productive, responsible and self-sufficient members of society and account for an important part of our workforce and that drives our economic engine.”

New Jersey. “New Jersey will continue to welcome refugees anxiously fleeing harm and seeking safety. It is not only the right response; it is the American response. We believe that America must remain a beacon of hope in the world, and we know that opening its doors to those facing danger and oppression is who we are as a nation. We are disheartened by recent attempts to undercut our commitment to freedom and opportunity by shrinking the numbers of who can seek comfort on our shores and by erecting new and significant barriers for refugees desperately reaching for safety. The announcement that your Administration will continue dramatically cutting the number of refugees allowed to resettle in the United States by reducing admission in the coming year to 18,000 from 30,000 -which was already a drastic decline from the 111,000 ceiling just two years ago – is devastating not only for those seeking refuge from harm but for the United States’ standing in the world.”

“New Jersey will continue to welcome refugees anxiously fleeing harm and seeking safety. It is not only the right response; it is the American response.”

“We believe that America must remain a beacon of hope in the world, and we know that opening its doors to those facing danger and oppression is who we are as a nation. We are disheartened by recent attempts to undercut our commitment to freedom and opportunity by shrinking the numbers of who can seek comfort on our shores and by erecting new and significant barriers for refugees desperately reaching for safety. The announcement that your Administration will continue dramatically cutting the number of refugees allowed to resettle in the United States by reducing admission in the coming year to 18,000 from 30,000 -which was already a drastic decline from the 111,000 cei ling just two years ago – is devastating not only for those seeking refuge from harm but for the United States’ standing in the world.”

“Over two million of our residents are immigrants, including refugees, representing nearly 23 percent of New Jersey’s population. There is no doubt that refugees have contributed to the strength of our state and have enriched our communities economically, culturally and socially. Refugees who have made New Jersey their home have helped our state thrive by growing our workforce, starting businesses, contributing to local economies, and becoming valued friends and neighbors.”

“We took these actions because we recognize that new Americans are integral to our State’s culture and our economy. Immigrants and refugees in New Jersey include over 120,000 entrepreneurs, employ more than 389,000 people and contribute over $24.2 billion in federal, State, and local taxes. In fact, 43 percent of the State’s science, technology, engineering, and math-focused workforce are new Americans who play a significant part in maintaining the State’s role as a leading innovator in the STEM field. Supporting immigrant and refugee integration is a smart strategy for our State and our country.”

“We know that a strong and vibrant democracy like ours requires that we live out our values through our deeds. To do so, we must continue to hold true to who we are as Americans by helping those who come seeking refuge from violence and persecution around the world. My Administration looks forward to continuing to work together with cities and towns across our great State to welcome immigrants and refugees.”

New Mexico. “New Mexico has always welcomed immigrants of all types, including more than 2,500 refugees from 28 countries who have resettled in New Mexico since 2002, adding to the rich multicultural mix of which New Mexicans are so rightly proud.”[2] She also said, “Unlike other immigrants, refugees have been forcibly displaced from their homes, whether by war, famine, religious and cultural persecution or violence. They leave their home countries fearing for their lives, and they come to our shores and our borders often with nothing more than the clothes on their backs, desperate — not for a handout but for a chance to start over.”

“While refugees arrive needing our help, they are often quick to pay back the country and communities that welcome them. They get jobs and pay taxes. They open businesses. They contribute their cuisines and cultures, bringing us new forms of entertainment and understanding.”

North Carolina. “North Carolina was one of the first states to welcome refugees to the United States after the United States Refugee Act was signed into law in 1980. Our state has a strong network of community and faith-based groups which aid in resettlement of refugees who seek safety from persecution.”

North Dakota. “North Dakota has had success at integrating refugees who have become responsible citizens and productive members of the workforce.”

Oregon. “Oregon opposed the President’s recent Executive Order on “refugee resettlement, and ask that you return this year’s refugee admission number to previous annual levels. The values reflected in this Executive Order are not the values on which our country was built.”

“It is a sad day for a nation founded on the principle of welcoming ‘poor, tired, and huddled masses.’ Nobody chooses to be a refugee. Refugees are just like us. They have jobs and families. They are parents and friends, teachers and doctors, farmers and fishermen. Since 1975, Oregon has resettled 67,743 refugees. Refugees contribute every day to the strength of our economy, our communities, and our culture. About 70 percent of refugees find employment within the first few months of resettlement. They pay taxes, buy homes, and open businesses. Their search for freedom and a better future for themselves and their children embodies what it means to be an American.”

Pennsylvania. “Pennsylvania has a rich history of opening its doors to those facing persecution and danger. William Penn founded our commonwealth on the principle of religious freedom, seeking to allow those in Europe to escape persecution.”

“It is vital that America retain its moral authority throughout the world. And that means that when vulnerable and displaced individuals seek refuge from violence and oppression elsewhere, we welcome them to find that refuge in America. This maintains our image as a beacon of hope and freedom, and shows the world that America is the antithesis of the places these individuals are fleeing.”

“For decades, refugees have made our communities better, and I am committed to continuing that tradition to the fullest extent of my ability. In communities from Allentown to Lancaster to Erie, and elsewhere, refugees are resettling, making a home, finding employment, starting businesses, paying taxes, and enriching their communities. Church World Service, based in Lancaster, has gained national attention for how it has brought refugees and communities together to find mutual understanding and build strong relationships despite differences. That, to me, is the best of America.”

“During past conflicts, America has accepted hundreds of thousands of refugees who were fleeing violence and persecution. [For example,] Jewish refugees came to Pennsylvania from Germany and other European countries to escape the Nazi occupation and religious persecution. . . . As millions of people in Eastern Europe, the Middle East, Asia, Latin America and Africa face violence, persecution, and death, we should continue to help those we can while taking care to protect our commonwealth and our country, just as we have done for hundreds of years. To reject refugees outright emboldens the message of those who seek to inspire hatred by saying that we, as Americans, do not have compassion or care for specific groups of people in the world facing persecution or worse.”

Tennessee. “Resettlement will be facilitated by the Trump Administration and non-profit organizations with extensive experience in this area. The refugee population in Tennessee is small, and . . .our consent to cooperate and consult with the Trump Administration to provide a safe harbor for those who are fleeing religious persecution and violent conflict is the right decision. The United States and Tennessee have always been, since the very founding of our nation, a shining beacon of freedom and opportunity for the persecuted and oppressed, and particularly those suffering religious persecution.”

Utah. “Utah has “historically accepted and resettled more than 1,000 refugees each year from a variety of troubled regions of the world. . . . Utah’s unique history informs our approach to refugees. Our state was founded by religious refugees fleeing persecution in the Eastern United States. Those experiences and hardships of our pioneer ancestors 170 years ago are still fresh in the minds of many Utahans. As a result we empathize deeply with individuals and groups who have been forced from their homes and we love giving them a new home and a new life. And it turns out we do it quite well. Those refugees who resettle in Utah become integrated and accepted into our communities. They become productive employees and responsible citizens. They become contributors in our schools, churches and other civic institutions, even helping serve more recent refugees and thus generating a beautiful cycle of charity. This marvelous compassion is simply embedded into our state’ s culture.”

Vermont. “Since 1989, Vermont has welcomed almost 8,000 refugees, primarily from Bhutan, Burma, Bosnia, Burundi, Democratic Republic of Congo, Iraq, Somalia, Sudan and Vietnam. Prior to 2017, Vermont was resettling an average of approximately 325 refugees per year. Through this consent process, I hope to increase current resettlement to the level of 325-350 individuals annually. Vermont has never conditioned and will never condition refugee resettlement on a refugee’s race, ethnicity, religion or national origin.”

“Vermont’s refugee communities have made countless contributions to our state. Refugees help ensure a healthy sized and diverse student population. They help employers fill open positions, contributing to the community and local economy, and pay federal, state and local taxes. In recent years, refugees have entered employment in critical economic sectors including construction, health care, hospitality and hotels, manufacturing, customer service, education, environmental services, food service, maintenance, meat processing, office/accounting, packing, retail, transportation, and warehouse. Vermont has more open jobs than people to fill them; refugee communities are vital to Vermont’s economic health.”

“I am also heartened by the fact that an average of 90-94% of these new Americans are economically self-sufficient within eight months of arrival in Vermont. In fact, the rate for fiscal year 2029 is 100%.”

Virginia. “Virginia has welcomed refugees who are fleeing war, persecution, or other dire circumstances. We know that no one chooses to abandon their home until conditions become so difficult that the unknown is preferable.”

“The United States has long presented itself as a haven, a place of stability and economic prosperity. We promote the ideals upon which this country was founded, of liberty and freedom. But lo uphold those ideals abroad, we must allow access to them here at home. We must practice what we preach.”

“Virginia helps refugees settle into new homes only in those localities that participate in the Virginia Community Capacity Initiative, which ensures that a community’ s elected officials, faith leaders, schools, and other stakeholders are committed to helping refugees build new homes and lives. We work with resettlement agencies that have deep ties to these communities. We have always been clear that successful resettlement only happens with community involvement.”

“Because of our proximity to Washington, D.C., we are a preferred location for many Special Immigrant Visa holders: Iraqi and Afghanistan refugees who provided services to the U.S. military in those countries, and whose lives and families are in danger because of that service.”

“In recent years, as the federal government has lowered the number of refugees accepted into the United States, Virginia’s refugee number has dropped. We have the capacity to accept and help more refugees than we currently have.”

“These are people who no longer have a home. History shows us that this could happen to any of us. We must all imagine ourselves in their shoes, and treat them as we would wish to be treated. If I were ever in such a position, I hope a friendly country would take me in and let me rebuild my life in peace and safety. I believe people of decency would share that hope. Virginia’s lights are on and our doors are open, and we welcome new Virginians to make their homes here.”

Washington. “[The] State of Washington wholeheartedly consents to welcoming and resettling refugees into our communities—a long and proud tradition that we intend to continue.”

“As the state that resettled the second highest number of refugees last year, we are honored to remain a place of safety and security for those fleeing persecution and violence. Since 1975, Washington has bought in nearly 150,000 refugees from 70 different countries, including Vietnam, Ukraine and the Democratic Republic of the Congo. Refugees contribute to all sectors of our economy—as teachers, service members, doctors, and more—while adding to our rich cultural landscape. They are an integral part of Washington’s past, present, and future.”

“Just last week, we celebrated the success of Dr. Anisa Ibrahim, a Washingtonian who resettled in our state after fleeing war-torn Somalia more than two decades ago. Only six years old when her family first arrived in the United States, Dr. Ibrahim later graduated from the University of Washington Medical School and now leads a pediatric clinic in Seattle—the same clinic that treated her when she and her siblings were children.”

“Her story is not unique. Throughout our state, children and families speak of similar circumstances, of having sacrificed everything to seek refuge in America from violence, starvation, and other horrors most of us will thankfully never experience. Many of these children are now leaders in our communities, bringing with them their unique perspectives on tragedy, perseverance, and triumph. Washington State is stronger and our communities are richer because of their important contributions.”

“Given all of the benefits of a robust resettlement program, we should not cast aside our founding principles as a nation. Enshrined in the Statue of Liberty, the ‘Mother of Exiles,’ is our country’s commitment as a safe place for humanity’s most vulnerable. Lest we forget that, of the 26,000,000 refugees worldwide, more than half are children.”

West Virginia.  “West Virginia has had great success with our refugee resettlement agency, which has been in operation since 1978. Refugees who have resettled here have become productive citizens and are welcomed into our West Virginia family.”

Wisconsin. “Our state has a rich history of opening its doors to people of all backgrounds, experiences, and walks of life. Through the years, while the people seeking resettlement opportunity in Wisconsin have changed, their circumstances have not: they are people seeking a new life, they embrace American ideals, and they bring with them valuable skills and experience which benefit all of us.” He also said, “Following the end of World War II, Wisconsin welcomed its first refugees as defined by the United Nations 1951 Refugee Convention. Our state has since continued to offer opportunities for safety and a new life to those from around the world who are granted resettlement. Over the past two decades, Wisconsin has welcomed more than 16,000 refugees from countries around the world, including Laos, Vietnam, the former Yugoslavia, Somalia, and Iraq. Most recently, our state has welcomed people from Burma and the Democratic Republic of Congo.”

“Refugees and immigrants are essential to Wisconsin’s economy, from manufacturing to education, and public service to agriculture and healthcare. At a time when we are seeing labor shortages across our state, it is irresponsible for the administration to place obstacles in the path of talented and hard-working folks seeking refuge and a better life.” Moreover, “our refugees are a critically important part of our families, our communities, and our culture—they are part of the fabric of our state. Wisconsin’s refugee population is resilient and determined—they want to help themselves and their family, they want to continue working toward their dreams of living safely and freely, and they are eager to give back to the communities who welcome them. These contributions and our diversity and our differences make us and our state stronger, not weaker.”

Conclusion

It also is noteworthy that at last 19 of the 42 consents came from Republican governors and at least 22 from Democratic governors. Seven other states have not been heard from on the consent issue and thereby impliedly did not consent before a federal court enjoined this program: six with Republican governors (Alabama, Florida, Georgia, Mississippi, South Carolina and Wyoming) and one with a Democratic governor (Hawaii). The only state that explicitly did not consent was Texas with a Republican governor.

More importantly these statements and the lives they depict are incarnations of Pope Francis’ advice to us all: Welcome. Protect. Promote. Integrate refugees and immigrants![2]

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[1] Almost all of these celebratory comments were quoted in previous posts to this blog: Latest U.S. Struggle Over Refugees (Dec. 11, 2019); Minnesota and Minneapolis Say “Yes” to Refugees (Dec. 14, 2019); Update on U.S.’ Consents to Refugee Resettlement (Dec. 16, 2019); Tennessee Consents to Refugees Resettlement (Dec. 20, 2019); Another Update on States’ Consents to Refugees Resettlement (Dec. 30, 2019); U.S. State and Local Governments’ Justifications for Consenting to Resettlement of Refugees (Dec. 31, 2019) Five More States Have Consented to Refugee Resettlement (Jan. 7, 2020); Alaska Says “Yes” to Refugee Resettlement (Jan. 8, 2020). See also Letter, Utah Gov. Herbert to Pres. Trump (Oct. 14, 2018); Letter, New Mexico Governor Grisham to Lutheran Family Services Rocky Mountain (Oct. 7, 2019); Letter, Vermont Governor Phil Scott to President Trump and Secretary Pompeo (Jan. 6, 2020). These opinions about the importance of refugees are consistent with the opinion of a Wall Street Journal columnist. (Immigrants Come to America to work, dwkcommentaries.com (Jan. 31, 2020).

[2]  Pope Francis Reminds Us To Welcome, Protect, Promote and Integrate Refugees and Other Migrants, dwkcommentaries.com (Jan. 1, 2020).

 

U.S. State and Local Governments’ Justifications for Consenting to Resettlement of Refugees

A prior post gave the most current list of 34 states (19 Democrat and 15 Republican) that have consented to refugee resettlement. Now we look at the justifications for consent provided by some of those states.[1]

Praise for Refugees

Although perhaps unanticipated by the Trump Administration, many states that have consented to resettlement of refugees, including some headed by Republican governors, also have reminded all Americans of our national and individual states’ histories of welcoming refugees and other immigrants and of the contributions these individuals have made to our life, culture and economies.

Arizona. The state’s Republican Governor Douglas A. Ducey said, “ Throughout our nation’s history, the United States has been a refuge for individuals fleeing religious and political persecution in their homeland, and Arizona has historically been one of the most welcoming states in terms of the number of refugees resettled here. Refugees arriving in the United States have been vetted and approved by the appropriate national security agencies and Department of State and have been granted legal entry to make a new home in the land of the free.”

Colorado. In a December 16, 2019, letter, Democrat Governor Jared Polis said, “Colorado will continue to assist and resettle more refugees in our communities as long as people around the world are displaced from their home countries.”

“Since 1980, Colorado has welcomed individuals and families fleeing persecution, war, and violence from all over the world through the United States Refugee Admissions Program. Having a robust refugee program ensures that we are upholding our American values of humanitarianism, freedom, and opportunity. Not only is investing in refugees the compassionate and humane thing to do, refugees contribute to our economy in ways that benefit all Coloradans. For every dollar Colorado invests in refugees, we receive a $1.23 return on investment in tax revenue, and four new Colorado jobs are created for every refugee who is resettled in our State.”

Connecticut. Its Democrat Governor Ned Lamont said, “It is a bedrock principle of the United States of America that we welcome to our shores those fleeing tyranny, persecution and violence. As you well know, prior to being admitted to the United States, a refugee must undergo a rigorous vetting process. And we know from our own experience here in Connecticut that refugees enrich the communities that offer them shelter- socially, culturally, and economically. In addition, many people are resettled in our country as part of the Special Immigrant Visa (SIV) program, because they have put their lives and safety, and that of their families, at risk to help ensure the success and safety of our military service members in Afghanistan and Iraq. Connecticut is proud to do its part to honor our country’s commitment to them. The policy of the Trump Administration over several years to cut dramatically the number of refugees allowed to resettle in the United States is antithetical to our heritage and our values.”

Delaware. Democrat Governor John C. Carney had these words: “Our country has historically been a refuge of safe harbor for those fleeing war-torn countries, violence, and political persecution. We should continue to stand as a beacon of hope and freedom for people around the world. In that spirit, as Delawareans, we are proud to do our part, and continue to accept the resettlement of refugees.”

Illinois. Democrat Governor JB Pritzker said, “Since 1975, the State of Illinois has welcomed and resettled more than 130,000 refugees from more than 86 countries. In recent years, 1,000 to 3,000 refugees, those seeking asylum, and victims of human trafficking arrived in Illinois annually. Refugees have successfully rebuilt their lives and made positive social and economic contributions to Illinois. They have helped revitalize neighborhoods and added to the cultural vitality of our state and communities. As survivors of persecution, refugees embody the importance of human rights, democracy, and freedom. Refugees’ resilience in the face of hardship inspires courage, hope, and perseverance. And refugees’ countless contributions undoubtedly make our states and nation stronger.”

Kansas. Democrat Governor Laura Kelly offered the following: “Kansas has a long and proud history of welcoming the world’s refugees to our state. Refugees are not simply looking for a better home, they are fleeing some of the most horrific violence, war, famine, religious and cultural persecution of our time. Our country and our state can provide the security they need for a safer place to call home. The citizens of Kansas have shown time and again a strong commitment to welcoming refugees into communities statewide.”  She also said, “Refugees come to our country and state looking for a better place to live. Our country and our state benefit as they also make positive contributions in significant ways. They contribute to our economy, workforce and the cultural fabric of our state and nation.”

Maine. On December 16, 2019, the Democrat Governor of Maine expressed the following: “For more than forty years, and under the leadership of seven Democratic, Republican and Independent governors, Maine has participated in the federal refugee resettlement program. Over the course of those decades we have welcomed nearly 10,000 people from more than 30 countries – people who have resettled in Maine with the hope of finding peace, safety and work for themselves and their families.”

“Maine has a workforce shortage, projected to grow worse over the next decade, creating serious challenges for businesses seeking to hire qualified workers in every industry and in every sector of our economy. Our state welcomes refugees who have skills, education and ability, a proven work ethic and tremendous drive. It is the right thing to do, and it is critical to the strength of our economy and our future success as a state.”

Massachusetts. The Republican Governor of Massachusetts Charles D. Baker offered the following words: “ Massachusetts is committed to continuing to serve as a source of hope and opportunity, welcoming those seeking refuge with open arms and ensuring that newcomers feel safe, valued and supported as they settle into a new country and integrate into new communities.”

“The United States has a proud and noble tradition of serving as a country of refuge for those most vulnerable in the world. The Commonwealth welcomed 516 refugees last year, from 30 countries, and has welcomed 14,282 refugees over the past decade, from 59 countries. Throughout history, many of the refugees our Country admitted became distinguished scientists, government leaders, entrepreneurs, cultural icons, and public servants. We have much to gain in providing refuge to those in need. Foreign born employees provide significant support to our economy and make up a critical part of the health and human services sector workforce.”

Michigan. Democrat Governor Gretchen Whitmer had the following words: “Michigan has a rich history of welcoming refugees and other immigrants to our state. I am committed to ensuring that we remain a leader in responding to the needs of globally displaced families and individuals. We recognize the value of being a welcoming state, and the contribution of refugees to the fabric of our communities. Refugees enhance our state socially, culturally, and economically.”[2]

Minnesota. Democrat Governor Tim Walz put it this way, “Minnesota has a strong moral tradition of welcoming those who seek refuge. Our state has always stepped forward to help those who are fleeing desperate situations and need a safe place to call home. In keeping with this proud history, I offer my consent to continue refugee resettlement in the State of Minnesota.” He added, “ Refugees strengthen our communities. Bringing new cultures and fresh perspectives, they contribute to the social fabric of our state. Opening businesses and supporting existing ones, they are critical to the success of our economy. Refugees are doctors and bus drivers. They are entrepreneurs and police officers. They are students and teachers. They are our neighbors.”

New Jersey. Democrat Governor Philip D. Murphy had the following lengthy rationale for consenting:

  • “New Jersey will continue to welcome refugees anxiously fleeing harm and seeking safety. It is not only the right response; it is the American response.”[3] He continued, “We believe that America must remain a beacon of hope in the world, and we know that opening its doors to those facing danger and oppression is who we are as a nation. We are disheartened by recent attempts to undercut our commitment to freedom and opportunity by shrinking the numbers of who can seek comfort on our shores and by erecting new and significant barriers for refugees desperately reaching for safety. The announcement that your Administration will continue dramatically cutting the number of refugees allowed to resettle in the United States by reducing admission in the coming year to 18,000 from 30,000 -which was already a drastic decline from the 111,000 ceiling just two years ago – is devastating not only for those seeking refuge from harm but for the United States’ standing in the world.”
  • “New Jersey will continue to welcome refugees anxiously fleeing harm and seeking safety. It is not only the right response; it is the American response.”
  • “We believe that America must remain a beacon of hope in the world, and we know that opening its doors to those facing danger and oppression is who we are as a nation. We are disheartened by recent attempts to undercut our commitment to freedom and opportunity by shrinking the numbers of who can seek comfort on our shores and by erecting new and significant barriers for refugees desperately reaching for safety. The announcement that your Administration will continue dramatically cutting the number of refugees allowed to resettle in the United States by reducing admission in the coming year to 18,000 from 30,000 -which was already a drastic decline from the 111,000 cei ling just two years ago – is devastating not only for those seeking refuge from harm but for the United States’ standing in the world.”
  • “Over two million of our residents are immigrants, including refugees, representing nearly 23 percent of New Jersey’s population. There is no doubt that refugees have contributed to the strength of our state and have enriched our communities economically, culturally and socially. Refugees who have made New Jersey their home have helped our state thrive by growing our workforce, starting businesses, contributing to local economies, and becoming valued friends and neighbors.”
  • “We took these actions because we recognize that new Americans are integral to our State’s culture and our economy. Immigrants and refugees in New Jersey include over 120,000 entrepreneurs, employ more than 389,000 people and contribute over $24.2 billion in federal, State, and local taxes. In fact, 43 percent of the State’s science, technology, engineering, and math-focused workforce are new Americans who play a significant part in maintaining the State’s role as a leading innovator in the STEM field. Supporting immigrant and refugee integration is a smart strategy for our State and our country.”
  • “We know that a strong and vibrant democracy like ours requires that we live out our values through our deeds. To do so, we must continue to hold true to who we are as Americans by helping those who come seeking refuge from violence and persecution around the world. My Administration looks forward to continuing to work together with cities and towns across our great State to welcome immigrants and refugees.”

New Mexico. Its Democrat Governor Michelle Lujan Grisham stated, “New Mexico has always welcomed immigrants of all types, including more than 2,500 refugees from 28 countries who have resettled in New Mexico since 2002, adding to the rich multicultural mix of which New Mexicans are so rightly proud.”[4] She also said, “Unlike other immigrants, refugees have been forcibly displaced from their homes, whether by war, famine, religious and cultural persecution or violence. They leave their home countries fearing for their lives, and they come to our shores and our borders often with nothing more than the clothes on their backs, desperate — not for a handout but for a chance to start over.” The New Mexico Governor concluded, “While refugees arrive needing our help, they are often quick to pay back the country and communities that welcome them. They get jobs and pay taxes. They open businesses. They contribute their cuisines and cultures, bringing us new forms of entertainment and understanding.”

North Carolina. Democrat Governor Roy Cooper offered the following words, “North Carolina was one of the first states to welcome refugees to the United States after the United States Refugee Act was signed into law in 1980. Our state has a strong network of community and faith-based groups which aid in resettlement of refugees who seek safety from persecution.”[5]

North Dakota. Republican Governor Doug Burgum said,” North Dakota has had success at integrating refugees who have become responsible citizens and productive members of the workforce.”

Oregon. Kate Brown, Democrat Governor of Oregon, told Secretary Pompeo that Oregon opposed the President’s recent Executive Order on “refugee resettlement, and ask that you return this year’s refugee admission number to previous annual levels. The values reflected in this Executive Order are not the values on which our country was built.”

“It is a sad day for a nation founded on the principle of welcoming ‘poor, tired, and huddled masses.’ Nobody chooses to be a refugee. Refugees are just like us. They have jobs and families. They are parents and friends, teachers and doctors, farmers and fishermen. Since 1975, Oregon has resettled 67,743 refugees. Refugees contribute every day to the strength of our economy, our communities, and our culture. About 70 percent of refugees find employment within the first few months of resettlement. They pay taxes, buy homes, and open businesses. Their search for freedom and a better future for themselves and their children embodies what it means to be an American.”

Pennsylvania. Democrat Governor Tom Wolf offered the following extensive comments:

  • “Pennsylvania has a rich history of opening its doors to those facing persecution and danger. William Penn founded our commonwealth on the principle of religious freedom, seeking to allow those in Europe to escape persecution.”
  • “It is vital that America retain its moral authority throughout the world. And that means that when vulnerable and displaced individuals seek refuge from violence and oppression elsewhere, we welcome them to find that refuge in America. This maintains our image as a beacon of hope and freedom, and shows the world that America is the antithesis of the places these individuals are fleeing.”
  • “For decades, refugees have made our communities better, and I am committed to continuing that tradition to the fullest extent of my ability. In communities from Allentown to Lancaster to Erie, and elsewhere, refugees are resettling, making a home, finding employment, starting businesses, paying taxes, and enriching their communities. Church World Service, based in Lancaster, has gained national attention for how it has brought refugees and communities together to find mutual understanding and build strong relationships despite differences. That, to me, is the best of America.”
  • “During past conflicts, America has accepted hundreds of thousands of refugees who were fleeing violence and persecution. [For example,] Jewish refugees came to Pennsylvania from Germany and other European countries to escape the Nazi occupation and religious persecution. . . . As millions of people in Eastern Europe, the Middle East, Asia, Latin America and Africa face violence, persecution, and death, we should continue to help those we can while taking care to protect our commonwealth and our country, just as we have done for hundreds of years. To reject refugees outright emboldens the message of those who seek to inspire hatred by saying that we, as Americans, do not have compassion or care for specific groups of people in the world facing persecution or worse.”
  • “I am dismayed that America is sharply reducing its commitment to extend a hand of hope and freedom to vulnerable families across the world. But I remain committed to ensure – to the fullest extent possible – that Pennsylvania continues our founding traditions of tolerance and acceptance.”

Texas. Although Texas is listed as consenting in the PMR website, there is no hyperlinked state consent letter and secondary sources say to date Texas Governor is noncommittal on the subject. Instead there is one from Judge Nelson W. Wolf, Bexar County, where San Antonio is located. The Judge said the following:

  • “By definition, refugees are individuals who have been forced to flee their home country due to persecution based on their race, religion, ethnicity, political opinion, or social group. Resettlement is the last resort for refugees who cannot return to their home country and cannot rebuild their lives where they first fled.”
  • “The United States is one of 27 resettlement countries, and has the most extensive refugee vetting in the world. Refugees undergo biometric screenings, medical checks, in-person interviews with specially trained officers from the Department of Homeland Security, and interagency checks involving DHS, the State Department, Department of Defense, FBI, and the National Counter Terrorism Center.”
  • “The USRAP [U.S. Refugee Admissions Program] is a prime example of a public-private partnership between the federal government, state and local governments, local non-profit organizations, and volunteers that provide refugees with the tools of self-reliance housing, community orientation, English-language classes, and job placement. Every day, community members in Bexar County, Texas are volunteering with resettlement offices to help refugees integrate and thrive.”
  • “Even before Congress enacted the Refugee Act of 1980, faith communities across the United States built what we know today as the USRAP, welcoming refugees from World War II, the Vietnam War, the Cold War, the Rwandan genocide, and the Syrian refugee crisis, just to name a few. In addition, faith communities are still deeply involved in refugee resettlement. This is part of our nation’s heritage and we are proud to welcome refugees.”
  • “Refugees are resilient, hard workers whose innovative skills have contributed greatly to our state. They have opened businesses, revitalized towns, and are productive members of our community. Multiple studies demonstrate that refugees are economic contributors and job creators.”

Utah. Republican Governor Gary R. Herbert offered these words in a letter to President Trump, “I encourage you to allow us to accept more international refugees in Utah. We have historically accepted and resettled more than 1,000 refugees each year from a variety of troubled regions of the world. Unfortunately, that number has dropped for the past two years and is on track to decrease more this year. We know the need has not decreased and are eager to see the number of admittances rise again.”

Governor Herbert went on. “Utah’s unique history informs our approach to refugees. Our state was founded by religious refugees fleeing persecution in the Eastern United States. Those experiences and hardships of our pioneer ancestors 170 years ago are still fresh in the minds of many Utahns. As a result we empathize deeply with individuals and groups who have been forced from their homes and we love giving them a new home and a new life.” He added, “And it turns out we do it quite well. Those refugees who resettle in Utah become integrated and accepted into our communities. They become productive employees and responsible citizens. They become contributors in our schools, churches and other civic institutions, even helping serve more recent refugees and thus generating a beautiful cycle of charity. This marvelous compassion is simply embedded into our state’ s culture.”

Virginia. Democrat Governor Ralph S. Northam said the following:

  • “Virginia has welcomed refugees who are fleeing war, persecution, or other dire circumstances. We know that no one chooses to abandon their home until conditions become so difficult that the unknown is preferable.”
  • “The United States has long presented itself as a haven, a place of stability and economic prosperity. We promote the ideals upon which this country was founded, of liberty and freedom. But lo uphold those ideals abroad, we must allow access to them here at home. We must practice what we preach.”
  • “Virginia helps refugees settle into new homes only in those localities that participate in the Virginia Community Capacity Initiative, which ensures that a community’ s elected officials, faith leaders, schools, and other stakeholders are committed to helping refugees build new homes and lives. We work with resettlement agencies that have deep ties to these communities. We have always been clear that successful resettlement only happens with community involvement.”
  • “Because of our proximity to Washington, D.C., we are a preferred location for many Special Immigrant Visa holders: Iraqi and Afghanistan refugees who provided services to the U.S. military in those countries, and whose lives and families are in danger because of that service.”
  • “In recent years, as the federal government has lowered the number of refugees accepted into the United States, Virginia’s refugee number has dropped. We have the capacity to accept and help more refugees than we currently have.”
  • “These are people who no longer have a home. History shows us that this could happen to any of us. We must all imagine ourselves in their shoes, and treat them as we would wish to be treated. If I were ever in such a position, I hope a friendly country would take me in and let me rebuild my life in peace and safety. I believe people of decency would share that hope. Virginia’s lights are on and our doors are open, and we welcome new Virginians to make their homes here.”

 Washington. Democrat Governor Jay Inslee had these words:

  • “[The] State of Washington wholeheartedly consents to welcoming and resettling refugees into our communities—a long and proud tradition that we intend to continue.”
  • “As the state that resettled the second highest number of refugees last year, we are honored to remain a place of safety and security for those fleeing persecution and violence. Since 1975, Washington has bought in nearly 150,000 refugees from 70 different countries, including Vietnam, Ukraine and the Democratic Republic of the Congo. Refugees contribute to all sectors of our economy—as teachers, service members, doctors, and more—while adding to our rich cultural landscape. They are an integral part of Washington’s past, present, and future.”
  • “Just last week, we celebrated the success of Dr. Anisa Ibrahim, a Washingtonian who resettled in our state after fleeing war-torn Somalia more than two decades ago. Only six years old when her family first arrived in the United States, Dr. Ibrahim later graduated from the University of Washington Medical School and now leads a pediatric clinic in Seattle—the same clinic that treated her when she and her siblings were children.”
  • “Her story is not unique. Throughout our state, children and families speak of similar circumstances, of having sacrificed everything to seek refuge in America from violence, starvation, and other horrors most of us will thankfully never experience. Many of these children are now leaders in our communities, bringing with them their unique perspectives on tragedy, perseverance, and triumph. Washington State is stronger and our communities are richer because of their important contributions.”
  • “given all of the benefits of a robust resettlement program, we should not cast aside our founding principles as a nation. Enshrined in the Statue of Liberty, the ‘Mother of Exiles,’ is our country’s commitment as a safe place for humanity’s most vulnerable. Lest we forget that, of the 26,000,000 refugees worldwide, more than half are children.”
  • “I remain troubled by the Administration’s deep cuts to refugee resettlement and disappointed that my call for a considerably higher number of refugees went unanswered. I hope you will recognize the success of our efforts in the coming year when your administration revisits the refugee cap for 2021.”

Wisconsin. Democrat  Governor Tony Evers told Secretary Pompeo, “Our state has a rich history of opening its doors to people of all backgrounds, experiences, and walks of life. Through the years, while the people seeking resettlement opportunity in Wisconsin have changed, their circumstances have not: they are people seeking a new life, they embrace American ideals, and they bring with them valuable skills and experience which benefit all of us.” He also said, “Following the end of World War II, Wisconsin welcomed its first refugees as defined by the United Nations 1951 Refugee Convention. Our state has since continued to offer opportunities for safety and a new life to those from around the world who are granted resettlement. Over the past two decades, Wisconsin has welcomed more than 16,000 refugees from countries around the world, including Laos, Vietnam, the former Yugoslavia, Somalia, and Iraq. Most recently, our state has welcomed people from Burma and the Democratic Republic of Congo.”

In addition, Evers said, “Refugees and immigrants are essential to Wisconsin’s economy, from manufacturing to education, and public service to agriculture and healthcare. At a time when we are seeing labor shortages across our state, it is irresponsible for the administration to place obstacles in the path of talented and hard-working folks seeking refuge and a better life.” Moreover, “our refugees are a critically important part of our families, our communities, and our culture—they are part of the fabric of our state. Wisconsin’s refugee population is resilient and determined—they want to help themselves and their family, they want to continue working toward their dreams of living safely and freely, and they are eager to give back to the communities who welcome them. These contributions and our diversity and our differences make us and our state stronger, not weaker.”

Other Evidence of Positive Impact of Refugees on U.S. Economy

There are at least two independent studies of the economic impact of refugees on the U.S. economy: the New American Economy’s report From Struggle to Resilience, the Economic Impact of Refugees in America (June 2017) and the National Bureau of Economic Research’s report The Economic and Social Outcomes of Refugees in the U.S. (June 2017), https://www.nber.org/papers/w23498

They have documented the following:

  • Refugees pay $21,000 more in taxes than they receive in benefits on average in their first 20 years in the U.S.
    • Refugee rates of entrepreneurship (15%) exceed other immigrants (11.5%) as well as U.S. born (9%).
    • Refugees become citizens at a higher rate than non-refugee immigrants. In 2015, 84% of eligible refugees were naturalized citizens as compared to 51% of other immigrants.
    • Refugee children do as well as U.S.-born children on measures of education attainment.
    • Over 77% of refugees are of working age as compared to 49.7% of the U.S.-born population, helping to meet U.S. labor force needs.

 Conclusion

All of the above points need to be widely publicized to promote wider public support for refugee resettlement.

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[1]  See consent letters hyperlinked to list of states in State Dep’t, State and Local Consents Under Executive Order 13888. https://www.state.gov/state-and-local-consents-under-executive-order-13888/ See also sources listed in these posts to dwkcommentaries.com: U.S. Sets 18,000 Quota for New Refugee Admissions to U.S. for Fiscal 2020 (Nov. 4, 2019; U.S. Senators Oppose U.S.Reduction in Refugee Admissions for Fiscal 2020 (Nov. 11, 2019);Latest U.S. Struggle Over Refugees (Dec. 11, 2019); Minnesota and Minneapolis Say “Yes” to Refugees (Dec. 14, 2019); Updates on States’ Consents to Refugee Resettlement (Dec. 16, 2019); Tennessee Consents to Refugees Resettlement (Dec. 20, 2019);  Another Update on States’ Consents to Refugees Resettlement (Dec. 30, 2019).

[2] Letter, Governor Whitmer to Secretary Pompeo(Dec. 10, 2019).

[3] Letter, Governor Murphy to President Trump (Nov. 1, 2019).

[4] Letter, Governor Grisham to Lutheran Family Services Rocky Mountain (Oct. 7, 2019).

[5] Letter, Governor Cooper to Secretary Pompeo (Dec. 9, 2019).

 

Another Update on States’ Consents to Refugees Resettlement 

President Trump on September 24, 2019, issued Executive Order 13888, entitled “Enhancing State and Local Involvement in Refugee Resettlement” that required state and local governments to submit to the Department of State written consents for resettlement of refugees as a precondition for such resettlements.[1]

The deadline for providing those consents, however, has been confusing in the primary and secondary sources. But it now appears that the key date is January 21, 2020, which is the deadline for local refugee resettlement agencies to submit applications for funding of those efforts by the State Department’s Bureau of Population Refugees and Migrations (PRM) and that such funding applicants must submit to PRM such “consent letters from state and local officials on a rolling basis both before and after submission of their proposals.”  (Emphasis added.)  Thus, there is no explicit deadline for submitting the consents.[2]

List of Consenting State & Local Governments

PRM now is publishing on its website a list of state and local governments that have submitted letters of consent, copies of most of which are hyperlinked to the list.[3] However, there is no “as of” date for the PRM’s list which will be updated from time to time. In any event, here is the latest PRM list consolidated with lists from other sources identifying 34 states (15 Republican governors and 19 Democrat Governors)  that have consented.[4]

State PRM Other

Sources

Local

Entities

PRM Other

Sources

Arizona (Rep. Gov.)   X    X Phoenix (City), Tucson (City)

Maricopa (County), Pima (County)

   X
Arkansas (Rep. Gov.)    X
Colorado (Dem. Gov.)   X
Connecticut (Dem. Gov.)   X    X New Haven (City)   X
Delaware (Dem. Gov.)   X    X
Illinois (Dem. Gov.)   X    X DuPage County, Chicago (City)   X     X
Indiana (Rep. Gov.)    X
Iowa (Rep. Gov.)   X
Kansas (Dem. Gov.)   X     X
Louisiana (Dem. Gov.)     X
Maine (Dem. Gov.)   X
Massachusetts (Rep. Gov.)   X     X Easthampton (City)   X
Holyoke (City)   X
Northampton (City)   X
Salem (City)   X
West Springfield (City)   X
Michigan (Dem. Gov.)   X     X
Minnesota (Dem. Gov.)   X     X Minneapolis (City)    X
Montana (Dem. Gov.)   X     X
Nebraska (Rep. Gov.)     X
New Hampshire (Rep. Gov.)   X
New Jersey (Dem. Gov.)   X    X
New Mexico (Dem. Gov.)   X    X
North Carolina (Dem. Gov.)   X    X Durham County    X
North Dakota (Rep. Gov.)   X     X Burleigh County    X
Ohio (Rep. Gov.)     X
Oklahoma (Rep. Gov.)
Oregon (Dem. Giov.)   X    X
Pennsylvania (Dem. Gov.)   X     X
Rhode Island (Dem. Gov.)   X
South Dakota (Rep. Gov.)    X
Tennessee (Rep. Gov.)    X
Texas (Rep. Gov.)   X[i] Bexar County   X
Utah (Rep. Gov.)   X    X
Vermont (Rep. Gov.)    X
Virginia (Dem. Gov.)   X    X Alexandria (City)   X
Richmond (City)   X
Roanoke (City)   X
Washington (Dem. Gov.)   X    X
West Virginia (Rep. Gov.)    X
Wisconsin (Dem. Gov.)    X

Finally no state so far has affirmatively rejected such resettlements although there is no requirement to do so. Rejection is implicit if there is no affirmative consent.

Conclusion

Many of the current letters of consent contain inspiring words about welcoming refugees that will be discussed in a subsequent post while another post will cover religious justifications for welcoming refugees.

Now we wait to learn what the other 16 states (11 Republican (Alabama, Alaska, Florida, Georgia, Idaho, Maryland, Mississippi, Missouri, South Carolina, Texas and Wyoming) and 5 Democrat (California, Hawaii, Kentucky, Nevada and New York ) will do.

It should be noted, however, that the official website of New York’s Democrat Governor Andrew Cuomo on September 17, issued a statement criticizing the Trump Administration’s new lower cap on refugee admissions and saying, “We believe that our diversity is our greatest strength, and we are proud to be home to refugees across the state who are breathing new life into their communities as members of the family of New York. While President Trump undermines the values that built this state and this nation, New York will always welcome immigrants and refugees with open arms.”[6]

==================================

[1]  See these posts to dwkcommentaries.com: U.S. Sets 18,000 Quota for New Refugee Admissions to U.S. for Fiscal 2020 (Nov. 4, 2019; U.S. Senators Oppose U.S.Reduction in Refugee Admissions for Fiscal 2020 (Nov. 11, 2019);Latest U.S. Struggle Over Refugees (Dec. 11, 2019); Minnesota and Minneapolis Say “Yes” to Refugees (Dec. 14, 2019); Updates on States’ Consents to Refugee Resettlement (Dec. 16, 2019);   https://dwkcommentaries.com/2019/12/16/update-on-states-consents-to-refugee-resettlement/  Tennessee Consents to Refugees Resettlement (Dec. 20, 2019).

[2] State Dep’t, Bureau of Population, Refugees, and Migration (PRM), FY 2020 Notice of Funding Opportunity for Reception and Placement Program, Funding Opportunity Number: SFOP0006252 (Nov. 6, 2019) FY2020 R&P FINAL NOFO.

[3]  State Dep’t, State and Local Consents Under Executive Order 13888.

[4] See prior posts listed in footnote 1. See also Assoc. Press, Oklahoma governor give consent for refugee resettlement, koco.com (Dec. 22, 2019); Assoc. Press, GOP Governors Grapple With Whether to Accept Refugees or Not, N.Y. Times (Dec. 23, 2019); Assoc. Press, 15 GOP Govs Request Refugee Resettlement in Their States, NEWSMAX (Dec. 26, 2019); CBSChicago, Mayor Lightfoot Issues Letter To U.S. State Department Authorizing Refugee Resettlement in Chicago (Dec. 24, 2019); Assoc. Press, John Bel Edwards to Trump: Louisiana will keep taking refugees, Advocate (Dec. 23, 2019); Carson, Evers says Wisconsin is open to refugee resettlement in response to presidential order requiring states, counties to consent, Milwaukee Sentinel (Dec. 18, 2019); Stoddard, Gov. Pete Ricketts says he’ll consent to refugees continuing to resettle in Nebraska, Omaha-World Herald (Dec. 19, 2019).

[5] It appears that Texas is on the PRM list only because Bexar County has submitted a consent. On December 26, 2019, a Texas newspaper reported that Texas Governor Greg Abbott has not submitted such a consent letter and that his spokesman “did not return multiple calls, texts, and emails seeking comment.” On the other hand, “Mayors and county leaders of all Texas’ biggest cities —including Houston, San Antonio, Dallas and Austin — sent letters opting in,” but those consents are effective only if the state consents.  (Kriel, Trump give states power to admit refugees. As other GOP governors sign on, Abbott is silent, Houston Chronicle (Dec. 26, 2019).)

[6]  Statement from Governor Andrew M. Cuomo on the Trump Administration’s New Refugee Cap (Sept. 17, 2019).

 

 

 

 

Edward B. Burling’s Years at Harvard University, 1890-1894

This series about the life of Edward B. Burling commenced with a post about his connections with Katherine Graham, the owner and publisher of the Washington Post, and then retreated in time to a post about his birth and early years in Iowa, 1870-1890. Now we look at his four years at Harvard University in Cambridge, Massachusetts.[1]

 Harvard College, 1890-91

For the  academic year, 1890-91, a wealthy relative (Perkins Bass) paid for Ned (and his brother James) to attend Harvard College, where they each earned another B.A. degree in 1891. Again Ned worked hard at his courses, earned good marks and made no friends.

Harvard Law School, 1891-94

In the Fall of 1891, at the suggestion, and again with the financial assistance, of Perkins Bass, Ned started at the Harvard Law School. The three years there, in contrast to his other years of higher education, were “very happy, satisfactory.” He did very well in his classes and was a member of the Harvard Law Review, finishing with “highest honors” and a LL. B. degree in 1894. Moreover, Ned became good friends with classmates, especially with Learned and Augustus Hand, both of whom became noted federal judges, and with George Rublee, who became a public-spirited U.S. lawyer who involved himself with state and national political reform during the Progressive Era (1910-1918) and with international affairs from 1917 to 1945.

Immediately after law school, Perkins Bass financed a nine-month tour of Europe for Ned to accompany one of the Bass sons. Later Ned commented that the trip turned out to be a handicap or burden, rather than a blessing, because it exposed him to the glamorous life of the wealthy and “diverted my attention from my main undertaking, which was to earn a living.”  As that old song goes, “How are you going to keep them down on the farm, after they’ve seen Paree [Paris]?”

Conclusion

The next installment of the Burling saga will discuss his years as a Chicago attorney, 1895-1917.

=========================================

[1] Citations to the sources for this post are found in this blogger’s Edward Burnham Burling, The College’s Quiet Benefactor (April 2008)(18-page essay and bibliography; on file in Grinnell College’s Special Collections and Archives). A subsequent post will discuss Burling’s life-long friendship with Learned Hand.

 

 

 

 

 

Edward B. Burling’s Early Years in Iowa, 1870-1890

Edward B. Burling (known familiarly as “Ned”) had a distinguished career as a prominent lawyer in Washington, D.C. and as we saw in a prior post was a friend of Katherine Graham, the owner and publisher of the Washington Post, whom Merl Streep played in the current film “The Post.”

Now we commence a chronological examination of Burling’s life. This first installment looks at his humble and modest early years in Iowa. [1]

Eldora, Iowa, 1870-87

Burling was born in the small, frontier village of Eldora, Iowa in 1870, during the presidency of Ulysses S. Grant and just five years after the end of the U.S. Civil War, and Ned grew up there in very limited circumstances.[2]

His father, Edward Burling, after his clothing store went bankrupt, apparently never did much work while Ned’s mother, Lucy Burnham Burling, worked hard to raise four children and to send all of them to college, three to Grinnell– James P. (Class, 1889), Ned (Class, 1890) and Helen (Class, 1895). [3]

Thereafter Ned did not forget Eldora. He built a house in the town for his mother in the early 20th century and afterwards returned to visit her several times a year. The surrounding countryside, he said, “is lovely to look at . . . and is the country my eyes first rested on. And that always makes a difference.”

Ned carried a life-long love for his mother and hostility towards his father, who also was named Edward. The son even said, “Meeting him [his father] was a great misfortune for my mother,” who after marrying his father was “very poor.” But having “a ne’er-do-well father,” Ned often said, meant that “he had no psychoses and no omnibrooding [sic] presence to oppress.” [1] To the surprise of this author, Ned apparently never expressed remorse over his not having reconciled with his father before the latter’s death in 1907.

Although Ned’s Burling family is regarded as a major American family whose origins in America go back to the late 17th century, Ned’s dislike of his father carried over to all his Burling ancestors, in contrast to his mother’s family, the Burnhams. As Ned said, “The Burlings, it always seemed to me, were shallow, showy, pleasant, agreeable, irresponsible. The Burnhams were the opposite in every respect, careful, prudent, earnest, intelligent, honorable, high minded.”

This personal background undoubtedly underlay Ned’s  rejecting Grinnell College President Howard Bowen’s suggestion that the Library be named after the successful lawyer alum himself who had made the  major financial contribution for the new library in 1959-60. Instead Burling insisted that it be named in honor of his mother without any mention of his father. Perhaps Ned secretly contemplated having the Library named “The Burnham Library.”

Ned claimed that his concern for his mother’s poverty inspired him at an early age to earn money and that after the age of 14 he always paid for his own board. As a teenager he got a job at an Eldora grocery store where he soon learned finance and human nature, years he later described after all of his successes in law as “the most important years of my life.”

Grinnell, Iowa, 1887-1890

It, therefore, was with great reluctance that Ned left Eldora and the promise of a job with an express company to go to another small Iowa town, Grinnell, at his mother’s insistence that he obtain a college education.[4]

Because of the inadequacies of his Eldora 8th grade education, he first had to attend the Grinnell Academy, completing in one year its secondary-school course of three years of Latin and one year of Greek.

In his subsequent desire to finish college as soon as possible in order to start making money again, Burling finished his college courses in two years, earning a B.A. in 1890. He did not “enjoy any part of the three years [at Grinnell]. I was poor, inadequately fed, with a blotched complexion, badly dressed, unattractive to the girls.”  He claimed not to have participated in any extracurricular activities, yet the college annuals list him as being a member of the Grinnell Institute (men’s literary society) and the Critical Association (classical studies group) and having the role of Oedipus Rex in a production of that play.[2] His downplaying the influence of Grinnell is belied by his later admission that he had first “found himself” at Grinnell.

The Academy and the College in those years, 1887-90, were very small. Fewer than 200 students attended the Academy; fewer than 300, the College. Only four buildings (Alumni Hall, Blair Hall, Chicago Hall and Goodnow Hall) served the students with one dormitory for women (Ladies Boarding Hall). Other women and the men had to live in private boarding houses.

 Conclusion

The next installment of the Burling saga will move to Massachusetts and Ned’s five years at Harvard’s  College and Law School.

==============================

[1] The references for this post can be found in the blogger’s “Edward Burnham Burling: The College’s Quiet Benefactor” (April 2008), a copy of which is in Grinnell College’s Special Collections and Archives. https://www.grinnell.edu/libraries/archives  One of the sources is now online: Jane Thompson-Stahr, The Burling Books: Ancestors and Descendants of Edward and Grace Burling, Quakers 1600-2000] (Vol. I)I(2001).

[2] In 1870, the year of Burling’s birth, Eldora’s population was 1,268, and its population peak of 3,553 occurred in 1940.   The town’s official website is https://www.eldoraiowa.com.

[3] James P. Burling also was a distinguished Grinnell and Harvard graduate; he became a Congregational minister and received a Grinnell honorary D.D. in 1914. (Burling Books at 901-05.) Two of his children were also Grinnell alums– F. Temple Burling (Class, 1917) and Helen Burling Kronwall (Class, 1920)–as were two grandchildren–James P. Burling II (Class, 1952) and Nicholas B. Kronwall (Class, 1957)–and one great-grandchild–F. Temple Burling (Class, 1985). (Burling Books at 905, 1079-81, 1207-09. Yet Brother Ned apparently ignored James’ happy home life while disparaging James as unenergetic and unambitious. (Burling Books at 902.)

[4] The population of the town of Grinnell, 1897-1890, was approximately 3,000. It now has an estimated population of approximately 9,000.

Ta-Nehisi Coates’ Unsatisfactory “Case for Reparations”

840The June 2014 issue of The Atlantic devotes 20 black-bordered pages to “The Case for Reparations” as the lead and cover article by Ta-Nehisi Coates, its national correspondent.

This is a serious subject by an author who has been obtaining some prominence or notoriety this year occasioned by his best-selling book, “Between the World and Me,” which was discussed in a previous post.

Moreover, on September 28, 2015, the MacArthur Foundation awarded one of its prestigious Fellows or “genius” grants to Coates and asserted that he “brings personal reflection and historical scholarship to bear on America’s most contested issues . . . without shallow polemic and in a measured style.” In “The Case for Reparations,” according to the Foundation, “Coates grapples with the rationalizations for slavery and their persistence in twentieth-century policies like Jim Crow and redlining . . . [and] compellingly argues for remuneration for the economic impact on African Americans denied the ability to accumulate wealth or social status for generations. [The article is] deeply felt and intensely researched.”

I, therefore, was expecting a serious discussion of this important issue.

Instead, I was profoundly disappointed in the analysis as well as the quality of the research and writing of this article and strongly disagree with MacArthur’s glowing commentary on the article.

Coates’ Discussion of Reparations

Coates mentions that certain scholars have discussed how reparations might be implemented. One, he says, suggested multiplying the number of African Americans in the population by the difference between white and black per capita income and then presumably paying that difference to each African American each year for a decade or two. Another, Coates reports, proposed a program of job training and public works for all poor people. (P. 69) But Coates does not endorse either one.

Instead Coates hides in generalizations. He says reparations means “the full acceptance of our collective biography and its consequences” and “a revolution of American consciousness, a reconciling of our self-image as the great democratizer with the facts of our history” (p.70).

On the last page of the article (p. 71) Coates becomes more specific by advocating congressional adoption of a bill for a federal study of the issue of reparations that has been offered by Representative John Conyers (Dem., MI) for the last 25 years. Without examining the details of the bill or the arguments advanced for the bill by Conyers, Coates states, “No one can know what would come out of such a [study and] debate. Perhaps no number can fully capture the multi-century plunder of back people in America. Perhaps the number is so large that it can’t be imagined, let alone calculated and dispensed. But I believe that wrestling with these questions matters as much as—if not more than—the specific answers that might be produced. An America that asks what it owes its most vulnerable citizens is improved and humane.”

This is not, as MacArthur suggests, a compelling argument “for remuneration for the economic impact on African Americans denied the ability to accumulate wealth or social status for generations.”

The Conyers’ Bill

An examination of the Conyers bill itself does not buttress the claimed genius of the Coates article. In the current session of Congress this bill is H.R.40: The Commission to Study Reparation Proposals for African Americans Act. A quick examination of the Library of Congress THOMAS website reveals that the bill (in sections 4, 5 and 7) would establish a commission of seven members (three to be appointed by the U.S. President, three by the Speaker of the House of Representatives and one by the president pro tempore of the U.S. Senate) to hold hearings and issue a report of its findings and recommendations.

The key to the bill is section 2(a), which would make the following factual findings that Coates takes most of 20 pages to elucidate:

“(1) approximately 4,000,000 Africans and their descendants were enslaved in the United States and colonies that became the United States from 1619 to 1865;

(2) the institution of slavery was constitutionally and statutorily sanctioned by the Government of the United States from 1789 through 1865;

(3) the slavery that flourished in the United States constituted an immoral and inhumane deprivation of Africans’ life, liberty, African citizenship rights, and cultural heritage, and denied them the fruits of their own labor; and

(4) sufficient inquiry has not been made into the effects of the institution of slavery on living African-Americans and society in the United States.”

Section 2(b) of the bill  then states the commission would examine and report on these factual predicates plus the “de facto discrimination against freed slaves and their descendants from the end of the Civil War to the present, including economic, political, and social discrimination.” With such factual determinations the commission would be charged to “recommend appropriate ways to educate the American public of the Commission’s findings” and “appropriate remedies.”

Representative Conyers’ website  contains a discussion of the bill that at least alludes to the following challenging sub-issues that would face such a commission and that are not examined by Coates: “whether an apology is owed, whether compensation is warranted and, if so, in what form and who should be eligible.”

Resolution for Rectification of Misdeeds Against African-Americans

More importantly, Coates’ article does not mention a resolution (H.Res.194) adopted in 2008 by the U.S. House of Representatives that has lengthy factual preambles about the evils of slavery and Jim Crow. [1] The House in H.Res.194 more importantly also:

  1. “acknowledges that slavery is incompatible with the basic founding principles recognized in the Declaration of Independence that all men are created equal;”
  2. “acknowledges the fundamental injustice, cruelty, brutality, and inhumanity of slavery and Jim Crow;”
  3. “apologizes to African Americans on behalf of the people of the United States, for the wrongs committed against them and  their ancestors who suffered under slavery and  Jim Crow; and”
  4. “expresses its commitment to rectify the lingering consequences of the misdeeds committed against African Americans under slavery and Jim Crow and to stop the occurrence of human rights violations in the future.”

Yes, this is only a resolution by only one chamber of the Congress, but it is closer to the result apparently being advocated by Coates than the Conyers’ bill.

U.S. Presidential Statements About Slavery

H.Res.194 in a preamble asserts that “on July 8, 2003, during a trip to Goree Island, Senegal, a former slave port, President George W. Bush acknowledged slavery’s continuing legacy in American life and the need to confront that legacy when he stated that slavery `was . . . one of the greatest crimes of history . . . The racial bigotry fed by slavery did not end with slavery or with segregation. And many of the issues that still trouble America have roots in the bitter experience of other times. But however long the journey, our destiny is set: liberty and justice for all.”[2]

In another preamble H.Res.194 asserts, “President Bill Clinton also acknowledged the deep-seated problems caused by the continuing legacy of racism against African-Americans that began with slavery when he initiated a national dialogue about race.”

Neither of these presidential statements is mentioned by Coates, both of which support his opinion favoring reparations.

Caribbean States’ Reparations Claims

Apparently at least 14 states in the Caribbean are preparing claims for reparations for slavery against their former colonial rulers: Great Britain, France, Spain, Portugal and the Netherlands. Britain’s Prime Minister Cameron recently rejected that reparations idea.[3]

Again there is no mention of these claims by Coates even though they lend credence to his advocacy of similar reparations in the U.S.[4]

Litigation Over Contracts for Deed

Coates leads the article with a lengthy discussion of problems faced by blacks on the west side of Chicago in the 1960’s in financing purchases of homes and as a result being forced to do so on contracts for deed with unscrupulous sellers (pp. 56-59). Coates then enthusiastically endorses these black purchasers’ bringing a federal lawsuit against the sellers for reparations (or money damages). On the next page (p.60), however, Coates tells the reader, without any citation of source, that in 1976 the black plaintiffs lost a jury trial supposedly due to anti-black prejudice of the jury and even later in the article (p.67) he says that as a result of the lawsuit some of the plaintiffs were allowed to own their homes outright while others obtained regular mortgages.

Coates, however, fails to mention that according to a secondary source from the University of Illinois-Chicago, the west-side case went to trial in the Spring of 1976, and in November 1979, the jury decided that the sellers had taken advantage of the buyers for higher profits, but that the sellers were so ruthless they would have cheated anyone, not only blacks, and, therefore, the jury rejected the racial discrimination claim, and the plaintiffs’ lawyers decided not to appeal this decision.

That same secondary source reports that a related case from the south side of Chicago went to trial in 1972 before a federal district judge with a jury. At the close of the evidence, the court directed a verdict against the plaintiffs saying that they had not proved a prima facie case of discrimination. On appeal, the U.S. Court of Appeals for the Seventh Circuit reversed and remanded for a new trial. That new trial occurred in 1979, without a jury, before a district judge who decided in favor of the defendants, and the Seventh Circuit affirmed.

Clyde Ross was prominently mentioned at the start of the Coates’ article about the housing discrimination that led to the above litigation, and after the publishing of the Coates article, Ross said in an interview, “I don’t know why we would even discuss [reparations] . . .when that would never happen. It involves taking money, property, from other people, from the people with power and wealth. How could that ever come to be? In theory, yes it is a good idea, but it’s better to be practical. I support equality under the law. I just want to be able to pay off a mortgage knowing that I am getting the same deal as the white guy. That’s all I ask.”

Coates also did not uncover in his research the successful Minnesota lawsuit in the 1920’s by a black couple against white landlords who after accepting contract-for-deed payments for 25 years denied the couple possession of the Minneapolis house on the false assertion that their payments were only rent. The couple’s attorney, by the way, was Lena Olive Smith, the state’s first black female lawyer who became the leader of the city’s NAACP branch in the 1930s.

Conclusion

I am not a scholar of race relations in the U.S. or of reparations generally or in the U.S. specifically. The above discussion of facts that apparently were not discovered by Coates was based upon this blogger’s perfunctory Internet searching.

The Coates article also is difficult to read because of the lack of an introduction and conclusion and of any headings or subdivisions amidst the parade of often densely packed paragraphs that do not follow in a logical order.[5]

This blogger as a retired lawyer might be seen as engaging in an inappropriate  lawyerly criticism of the Coates’ article. But Coates presumably is advocating for others to embrace the conclusion that reparations are a necessary response to a major societal problem. As an advocate, he should write to be more persuasive.

This blogger as a white American is supportive of civil and human rights generally and is willing to consider a well-written and documented case for U.S. reparations for slavery and Jim Crow. Unfortunately the Coates article does not do that. It needs additional research and a major rewrite. (As always, I invite others’ comments of agreement or disagreement.)

========================================================

[1] U.S. House of Reps., 110th Cong., 2nd Sess.,  H.Res.194 (July 29, 2008)..As February 23, 2007, was the bicentennial of the British Parliament’s abolition of slave trading, the 110th U.S. Congress (2007-2009) had 150 bills and resolutions that mentioned the word “slavery,” but this blog has not “drilled down” to determine their details.

[2] President Bush Speaks at Goree Island in Sengal (July 8, 2003)

[3] E.g., Search for “slavery,” Guardian; Bilefsky, David Cameron Grapples with Issue of Slavery Reparations in Jamaica, N.Y. Times (Sept. 30, 2015); Assoc. Press, Cameron Provides Caribbean Aid, Rejects Slavery Reparations, N.Y. Times (Sept. 30, 2015); Room for Debate: Are Trans-Atlantic Slave Trade Reparations Due?, N.Y. Times (Oct. 8, 2015).

[4] Coates does mention Massachusetts’ granting a 1783 petition for reparations by a black freewoman; 17th and 18th century Quakers’ granting reparations; the 1987 formation of a National Coalition of Blacks for Reparations in America; the 1993 NAACP’s endorsement of reparations; a lawsuit for reparations brought by Harvard Law School Professor Charles Ogletree, Jr. (without mentioning its details or outcome); and Germany’s reparations to Israel for the Holocaust (pp. 61, 70-71).

[5] The online version of the article added headings I through X, but most of them are quotations from sources in the sections, requiring the reader to dive into the sections to discover their significance. Another post discusses Coates’ “The Black Family in the Age of Mass Incarceration,” The Atlantic (Oct. 2015), which also has chapter headings, most of which do not help the reader.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

More about Coates:

 

Brooks: http://www.nytimes.com/2015/07/21/opinion/david-brookss-letter-to-ta-nehisi-coates-about-race.html

 

Ltrs re column: http://www.nytimes.com/2015/07/21/opinion/david-brookss-letter-to-ta-nehisi-coates-about-race.html

 

http://www.salon.com/2015/07/17/david_brooks_scolds_ta_nehisi_coates_i_think_you_distort_history/

 

http://crooksandliars.com/2015/07/dont-be-fooled-all-forelock-tugging-david

 

http://talkingpointsmemo.com/livewire/david-brooks-nyt-ta-nehisi-coates

 

http://talkingpointsmemo.com/cafe/ta-nehisi-coates-david-brooks-american-dream

 

http://jezebel.com/listening-to-ta-nehisi-coates-whilst-snuggled-deep-with-1718506352

 

http://www.alternet.org/media/david-brooks-relies-ignorant-white-privilege-attack-ta-nehisi-coates-new-book

 

http://townhall.com/columnists/marknuckols/2015/07/17/tanehisi-coates-cheers-deaths-of-911-rescuers-david-brooks-apologizes-for-being-white-n2026881

 

http://aaihs.org/ta-nehisi-coates-david-brooks-and-the-master-narrative-of-american-history/

 

http://www.citypaper.com/arts/books/bcp-072915-books-coates-gunnery-20150724-story.html

 

https://www.thewrap.com/new-york-times-columnist-david-brooks-blasted-for-white-privilege-letter-to-ta-nehisi-coates/

 

http://flavorwire.com/528823/the-american-dream-david-brooks-loves-so-much-is-rich-white-americas-greatest-tool-of-social-control

 

Naturalized U.S. Citizens: Important Contributors to U.S. Culture and Economy

U.S. citizens are those individuals who were born in the U.S. as well as those born elsewhere to a parent who is a U.S. citizen. In addition, there are those who choose to become naturalized U.S. citizens by filing an Application for Naturalization, Form N-400, with the U.S. Citizenship and Immigration Services, which is part of the U.S. Department of Homeland Security, and meeting the following requirements of U.S. law:

  • Be at least 18 years of age;
  • Be a lawful permanent resident (green card holder);
  • Have resided in the United States as a lawful permanent resident for at least five years;
  • Have been physically present in the United States for at least 30 months;
  • Be a person of good moral character;
  • Be able to speak, read, write and understand the English language;
  • Have knowledge of U.S. government and history; and
  • Be willing and able to take the Oath of Allegiance. [1]

The average annual number of individuals who became U.S. citizens increased from less than 120,000 during the 1950s and 1960s to 210,000 during the 1980s, and 500,000 during the 1990s. In the 21st century the annual average has increased to nearly 690,000 as shown by the following statistics:

Fiscal Year Total New Naturalized U.S. Citizens Fiscal Year Total New Naturalized U.S. Citizens
2000     888,788 2008 1,050,399[2]
2001     613,161 2009     741,982
2002     589,727 2010     619,075
2003     456,063 2011     690,705
2004     536,176 2012     762,742
2005     600,366 2013     777,416
2006     702,663 2014     654,949
2007     659,233 TOTAL 10,343.445

Until the 1970s, the majority of persons naturalizing were born in European countries. In the 1970s the regional origin of new citizens shifted from Europe to Asia due to increased legal immigration from Asian countries, the arrival of Indochinese refugees, and the historically higher naturalization rate of Asian immigrants. This summary from the U.S. Government, however, fails to aggregate the people from South America, Central America, Mexico and the Caribbean into a Latin American group. For the latest available fiscal year (2013), the new citizens came from the following regions of the world:

Region of origin Number Percentage
Latin America    339,229    43.5%
Asia    275,700    35.3%
Europe     80,333    10.3%
Africa     71,872      9.2%
Other    12,795      1.6%
TOTAL 779,929 100.0%

In FY 2013, the top countries of origin for naturalization were in the following order: Mexico, India, the Philippines, Dominican Republic, China and Cuba.

In FY 2013, 75 percent of all individuals naturalizing resided in 10 states (in descending order): California, New York, Florida, Texas, New Jersey, Illinois, Virginia, Massachusetts, Georgia and Pennsylvania. That same fiscal year the leading metropolitan areas of residence were New York-Northern New Jersey-Long Island, NY-NJ-PA (17.5 percent); Los Angeles-Long Beach-Santa Ana, CA (9 percent); and Miami-Fort Lauderdale-Pompano Beach, FL (8.6 percent).

Conclusion

These new citizens provide an infusion of new perspectives on culture and on the U.S. itself. We are blessed to have them join us. Many other industrialized countries like Japan do not have this openness to newcomers and, therefore, struggle with aging and declining populations and resulting diminished influence in the world.

Although the public information for becoming a naturalized citizen on the website of the U.S. Citizenship and Immigration Services, which is the basis for this post, is very useful, anyone thinking of doing so should consider consulting with an U.S. attorney with experience in this area of the law.

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[2] There also are other provisions for naturalization for members of the U.S. military and for children under the age of 18.

[2] The unusually large number of new naturalized citizens in FY 2008 was due primarily to applications received in advance of a fee increase in calendar 2008 and to a special effort to encourage eligible individuals to submit applications for citizenship.

U.S. Supreme Court Shows Unjustified Hostility to the Voting Rights Act of 2006

On February 27, 2013, the U.S. Supreme Court heard oral arguments in Shelby County, Alabama v. Holder, No. 12-96, which raises the following issue:

  •  “Whether Congress’ decision in 2006 to reauthorize [for 25 years] Section 5 of the Voting Rights Act [of 1965] under the pre-existing coverage formula of Section 4(b) of [that] Act [requiring certain states to obtain preclearance from the U.S. Department of Justice or a special federal court for any changes in their election laws] exceeded           its authority under the Fourteenth and Fifteenth Amendments and thus violated the Tenth Amendment and Article IV of the United States Constitution.”[1]

As has been frequently reported, during the argument Chief Justice John Roberts and Associate Justices Antonin Scalia, Samuel Alito and Anthony Kennedy asked questions and made comments strongly suggesting that they were prepared to invalidate this statutory provision,[2] a conclusion that already had been reached by Associate Justice Clarence Thomas in a prior case. If this is a correct reading of the recent argument, then there would be at least a 5-4 majority on the Court to declare the provision unconstitutional.

According to Linda Greenhouse, a leading Supreme Court follower, the “goal of [the petitioner] Shelby County and [apparently a majority] . . . on the Supreme Court is to depict Section 5 as an anachronism, a needless cudgel held by the big bad federal government over the head of a transformed South.“

Here are just a couple of examples of that attitude from the argument.

Chief Justice John Roberts
Chief Justice         John Roberts

Chief Justice Roberts asked or, as Greenhouse put it, “taunted” the U.S. Government’s lawyer (Solicitor General Donald Verrilli) with the following questions (and Roberts’ own answers) apparently to express Roberts’ belief that Mississippi has a better record than Massachusetts on black voter registration and turnout and that the Voting Rights Act provision at issue is no longer needed and, therefore, unconstitutional:

  • “Do you know how many submissions there were for preclearance to the Attorney          General in 2005?” (Roberts: “3700.”)
  • “Do you know how many objections the Attorney General lodged?” (Verrilli: “There          was one in that year.”)
  •  “[D]o you know which State has the worst ratio of white voter turnout to African American voter turnout?” (Roberts: “Massachusetts.”)
  •  “[W]hat [state] has the best, where African American turnout actually exceeds white       turnout?” (Roberts: “Mississippi.”)
  •  “Which State has the greatest disparity in registration between white and African American?” (Roberts: “Massachusetts. Third is Mississippi, where again the African American registration rate is higher than the white registration rate.”)
  •  “[I]s it the government’s submission that the citizens in the South are more racist             than citizens in the North?”  (Verrilli: “It is not.”)

Roberts did not identify the source of his statistics, but afterwards the Massachusetts Secretary of State, William F. Galvin, and political scientists speculated that Roberts drew his conclusions from the U.S. Census Bureau’s “The Current Population Survey,” which collects information on voting and registration every other year. This data, however, should not be used in the way that Roberts did because of their large margins of error, as reported by Nina Totenberg of National Public Radio.

Indeed, Secretary Galvin said that Roberts’ assertion about Massachusetts and Mississippi is just plain wrong and that the only way that the Census Bureau source supports Roberts’ assertion is by including Massachusetts’ non-citizen blacks who are not entitled to vote. To do what Roberts did, according to Galvin, is “deceptive” and “a slur on black voters in Massachusetts.”

Nate Silver, the statistician, also criticizes Roberts’ trumpeting these figures about Mississippi and Massachusetts apparently to justify a conclusion that the Voting Rights Act provisions in question are no longer needed and, therefore, unconstitutional.

According to Silver, “If [Roberts] . . . meant to suggest that states covered by Section 5 consistently have better black turnout rates than those that aren’t covered by the statute, then his claim is especially dubious.” Moreover, says Silver, it is outright fallacious to conclude from this simple comparison of two states, however flawed the data, that the provisions of section 5 of the Voting Rights Act and the formula in section 4(b) are no longer needed. For example, such data say nothing about whether whatever gains have been made in racial minority voting “might be lost if the Section 5 requirements were dropped now.”

I also fault the Chief Justice for focusing on only one small piece of evidence, however flawed or subject to qualification. Instead, he should be focusing on fundamental principles of judicial restraint as repeatedly proclaimed by the U.S. Supreme Court itself and as cited by the D.C. Circuit in its opinion in this case.

These precedents emphasize that “Congress’s laws are entitled to a ‘presumption of validity’” and that “when Congress acts pursuant to its enforcement authority under the Reconstruction Amendments [including the Fifteenth Amendment], its judgments about ‘what legislation is needed . . . are entitled to much deference.‘“  Such deference is paid “‘out of respect for [Congress’] . . .  authority to exercise the legislative power,’” and in recognition that Congress “is far better equipped than the judiciary to amass and evaluate the vast amounts of data bearing upon legislative questions.” (Citations omitted.)[3]

Justice Antonin Scalia
Justice Antonin Scalia

Associate Justice Scalia also interrupted Solicitor General Verrilli to make this long statement:

  •  “This Court doesn’t like to get involved . . . in racial questions such as this one. It’s something that can be . . . left to Congress.
  • “The problem here, however, is . . . that the initial enactment of this legislation in a time when the need for it was so much more abundantly clear . . . in the Senate, . . . it was double-digits against it. And that was only a 5-year term. Then, it is reenacted 5 years later, again for a 5-year term. Double-digits against it in the Senate. Then it was reenacted for 7 years. Single digits against it. Then enacted for 25 years, 8 Senate votes against it.
  • “And this last enactment [in 2006], not a single vote in the Senate against it. And the House is pretty much the same.
  •  “Now, I don’t think that’s attributable to the fact that it is so much clearer now that we need this. I think it is . . . very likely attributable, to a phenomenon that is called perpetuation of racial entitlement. It’s been written about. Whenever a society adopts racial entitlements, it is very difficult to get out of them through the normal political processes. I don’t think there is anything to be gained by any Senator to vote against continuation of this act. And I am fairly confident it will be reenacted in perpetuity . . .  unless a court can say it does not comport with the Constitution.
  •  “You have to show, when you are treating different States differently, that there’s a good reason for it. That’s . . . the concern that those of us . . . who have some questions about this statute have. It’s . . .  a concern that this is not the kind of a question you can leave to Congress.
  •  “There are certain districts in the House that are black districts by law just about now. And even the Virginia Senators, they have no interest in voting against this. The State government is not their government, and they are going to lose . . . votes if they do not reenact the Voting Rights Act.
  •  “Even the name of it is wonderful: The Voting Rights Act. Who is going to vote against that in the future?”

These remarks are shocking and totally inconsistent with the Court’s long-established principles of judicial restraint mentioned above and with Justice Scalia’s persistently stated views about judicial interpretation of statutes.

Indeed, Scalia’s remarks provoked the Washington Post’s Editorial Board to proclaim that Scalia was in “contempt of Congress.” The editorial concluded with these words, “Congress, after careful review, came to an overwhelming conclusion that protection of the franchise in America is much improved but not guaranteed, especially in certain areas. We heard in . . . [the Supreme Court] argument no grounds for the court to claim superior wisdom on that question.”

 Conclusion

What is your opinion on how the Voting Rights Act issue should be resolved? Some argue for holding that provision unconstitutional.[4] Others agree with me that the provision should be upheld.[5]

I went to the University of Chicago Law School before Mr. Scalia was on the faculty, and I have never met him. By all reports, he is a brilliant man who is gracious and funny in social settings. But his comments in this and other Court arguments along with some of his opinions lead me to believe that life tenure for Supreme Court Justices and perhaps other federal judges causes at least some of them to believe that they are omniscient.

A possible solution to such arrogance, as I suggested in a comment to a prior post, is to amend  the U.S. Constitution to impose a term limit on U.S. Supreme Court Justices and perhaps other federal judges. All 50 states in the U.S. and all major nations have age or term limits for high-court judges. The International Criminal Court limits its judges to one term of nine years. Such limits are not seen as restrictions on the necessary independence of the judiciary.

The U.S. Constitution does not specifically grant life tenure to the justices or other federal judges. The Constitution merely says, “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour . . . .” Paul Carrington, a Duke University law professor, has suggested that the “good Behaviour” provision was not intended to provide life-time appointments and that term limits could be imposed by statute.


[1]  This issue was phrased by the Supreme Court itself in granting review of the case. Previous posts have reviewed the Voting Rights Act of 1965; the Voting Rights Act of 2006; the prior Supreme Court case regarding the latter statute (Northwest Austin Municipal Utility District No. One v. Holder); and the decision of the U.S. Court of Appeals for the District of Columbia Circuit in the Shelby County case. The transcript of the recent Supreme Court arguments in Shelby County is available online as are the petitioner’s brief, the respondent’s brief for the U.S. Government and the reply brief for the petitioner in the case. Other briefs in the case for three intervenors, 19 amici curiae (friends of the court) supporting the petitioner and 28 amici curiae supporting the U.S. Government can also be found on the web. Excellent commentaries about the case are available on the respected scotusblog.

[2]  E.g., Liptak, Voting Rights Law Draws Skepticism from Justices, N.Y. Times (Feb. 27, 2013); Gerstein, 5 Takeaways from the Voting Rights Act arguments, Politico (Feb. 27, 2013).

[3] Roberts’ hostility to the Voting Rights Act apparently goes back to 1981 when as a young lawyer in the Department of Justice he was working on Reagan Administration efforts to weaken the Voting Rights Act.

[4]  E.g., Blum, The Supreme Court Can Update the Obsolete Voting Rights Act, W.S.J. (Feb. 24, 2013); Room for Debate: Is the Voting Rights Act Still Needed?, N.Y. Times (Feb. 27, 2013) (Shapiro; Pilder); Savage, Decision on Voting Law Could Limit Oversight, N.Y. Times (Feb. 28, 2013); Will, The Voting Rights Act stuck in the past, Wash. Post (Mar. 1, 2013).

[5] E.g., Room for Debate: Is the Voting Rights Act Still Needed?, N.Y. Times (Feb. 27, 2013) (Wydra; Charles & Fuentes-Rohwer; Garza; Smith), supra;  Savage, Decision on Voting Law Could Limit Oversight, N.Y. Times (Feb. 28, 2013), supra.

 

Rev. Charles Edwin Brown’s Lineage in America

As mentioned in a prior post, Rev. Charles Edwin Brown (my maternal great-great grandfather or 2nd great-grandfather in Henry Louis Gates, Jr.’s terminology) was a Baptist missionary to the Iowa Territory in 1842. His and, therefore, my lineage in the U.S. has been traced to at least 1686.[1]

William Brown was born somewhere in England around 1669 and emigrated to the American colonies sometime before 1686. William was one of the early settlers of Hadley (later Hatfield), Massachusetts and the builder of its first house. By 1720 he had relocated to Leicester, Massachusetts approximately 45 miles west of Boston. He died in Leicester, Massachusetts in 1752. (William was my maternal 7th great-grandfather.)

One of William’s sons was John Brown, who was born in Hatfield, Massachusetts on November 3, 1703. Sometime before 1720 he and his family moved to be among the original settlers of Leicester, Massachusetts, where he became an important figure. John was a representative in the Commonwealth’s legislature for many years between 1749 and 1768. He died on December 24, 1791 in Leicester. (John was my maternal 6th great-grandfather.)

One of John’s sons was Perley Brown, who was born on May 27, 1737 in Leicester, Massachusetts and who died on October 28, 1776, in White Plains, New York. (Perley was my maternal 5th great-grandfather.)

John and Perley and four of John’s other sons (John, Jr., Benjamin, William and Daniel) had significant military experience, including the American Revolutionary War, that will examined in subsequent posts.

One of Perley’s sons was Nathaniel Brown, who was born in Leicester, Massachusetts on November 5, 1767 and who died on October 1, 1854 in Hamburg, New York. (Nathaniel Brown was my maternal 4th great-grandfather.)

Phillip Perry Brown was one of Nathaniel’s sons, having been born on September 17, 1790 in Bennington, Vermont. He was an ordained Baptist pastor who served several churches in Madison County, New York. He died in Madison, New York on September 23, 1876. (Phillip Perry Brown was my maternal 3rd great-grandfather.)

Phillip Perry was the father of Charles Edwin Brown, who was born on February 23, 1813 in Augusta, New York and who died in Ottumwa, Iowa on July 23, 1901.

Future posts will explore Charles Edwin’s ministry and service in Iowa and the lives of (a) his son, James DeGrush Brown (my maternal 1st great-grandfather); (b) Charles Edwin’s grandson, George Edwin Brown (my maternal grandfather); (c) and Charles Edwin’s great-grand-daughter, Marian Frances Brown Krohnke (my Mother). Another son of Charles Edwin–William Carlos Brown–had a remarkable railroad career that will be examined in other posts.

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[1] The source for this geneology is Carol Willits Brown, William Brown–English Immigrant of Hatfield and Leicester, Massachusetts, and His Descendants c. 1669-1994 (Gateway Press; Baltimore, MD 1994).