The Ninth Circuit Court of Appeals ruled Tuesday that due to systemic racial bias in Washington State's criminal justice system, disenfranchisement of convicted felons violates the Voting Rights Act.
Republican Attorney General Rob McKenna is outraged – at the prospect of suffrage for felons, of course, not the fact that, as the court explained
“police practices searches, arrests, detention practices, and plea bargaining practices lead to a greater burden on minorities that cannot be explained in race-neutral ways.”
Once again, political considerations trump social justice.
Minorities in Washington State are more likely to be investigated, more likely to be charged, more likely to go to trial, and more likely to be convicted than non-minorities. The fix is in.
The Ninth Circuit Court ruled 2-1 that because minorities were being disenfranchised disproportionately, and because the disparity was a direct result of racial bias, such denial of voting rights constitutes a violation of the Voting Rights Act.
Rather than focus on fixing the problem of racial bias that is causing minorities to be disproportionately incarcerated, Attorney General Rob McKenna has decided to channel his energy and resources into appealing the ruling.
Apparently it is more important to deny voting rights to a group that might lean Democratic than it is to address the issue of institutional racism.
Or perhaps the potential political payoff for McKenna is too good to pass up. From the Seattle Times:
"McKenna, who said he will try the case himself if it is accepted by the Supreme Court, disputed the court's interpretation of the 1965 Voting Rights Act."
Speculation is this 2-1 ruling will be reversed on appeal. Arguing, and winning a case before the Supreme Court would be a valuable resume addition for McKenna as he is all but certain to be the GOP's Gubernatorial candidate in 2012.