Featured Entries

The Fight for the Voting Rights Act

As we prepare for the U.S. Supreme Court decision in the Shelby County case, and the possibility that Section 5 of the Voting Rights Act…

Why the Voting Rights Act Makes Sense

On February 1st the Southern Coalition of Social Justice filed an amicus brief in Shelby County v. Holder on behalf of numerous political science and…

SCSJ Hires Deputy Director

SCSJ is pleased to announce that Kristina Klugar, our first Deputy Director, has joined the staff. This is a major step in building the expanded capacity we need to partner effectively with communities battling against racism and oppression in the South. See more about Kristina in our press release attached here and on our staff page.

Racial Justice Act

Death penalty opponents and advocates of the state’s Racial Justice Act have embarked on an intense petition drive, letter-writing and email campaign, targeting five Democrats in the state House of Representatives. The goal is to persuade the representatives to sustain the governor’s Thursday veto of the legislature’s overhaul of the Racial Justice Act. The Senate is expected to vote to override on Monday. The House will follow that day or Tuesday with a vote in which at least four of the five conservative Democrats will have to join Republicans, if all members are present, to give them the three-fifths majority to override. Within hours of the governor’s veto, the Southern Coalition for Social Justice, a civil rights advocacy firm based in Durham with the backing of other state and national civil rights organizations, delivered a petition with 5,000 signatures to policymakers. Their focus was strongly on Rep. William D. Brisson, a Bladen County Democrat; Rep. James W. Crawford Jr., a Granville County Democrat; Rep. Dewey L. Hill, a Brunswick County Democrat; Rep. Bill Owens, a Camden County Democrat, and Rep. Timothy L. Spear, a Washington County Democrat. The North Carolina Council of Churches, an organization long committed to ending the death penalty and an advocate of a moratorium on executions, issued a directive on Friday urging people to contact Brisson, Hill and Owens. Owens has said he would vote to override, and Crawford would not say. The Racial Justice Act, adopted in 2009, allows death row inmates to use statistics when challenging their sentences using racial bias claims. If racial bias played a role in their case, a judge can convert a death sentence to life in prison without opportunity for parole. In April, a Cumberland County judge found that racial bias played a part in the case of Marcus Robinson, the first of more than 150 death row inmates seeking relief under the Racial Justice Act. Then the legislature made sweeping changes to the law this summer, trying to limit the use of statistics. Words for the swing votes In their appeal to the five House Democrats to sustain the governor’s veto, petitioners are urging the lawmakers to consider the findings Cumberland County Judge Gregory Weeks made in the first Racial Justice Act case. The judge found evidence that the jury selection process in capital cases, both statewide and locally, had systematically excluded blacks. “The recent court findings of systematic intentional exclusion of people of color from capital juries, an action that taints and undermines equal justice, were the result of a measured and well-litigated adversarial process,” Anita Earls, executive director of the Southern Coalition, said in a statement. “They are fully supported by reliable evidence and deserve respect. In light of these findings, we are particularly troubled by recent efforts to repeal or ‘amend’ the Racial Justice Act, which will prohibit a judge from ever examining similar evidence in future cases. It is deeply wrong to turn a blind eye to the truth of how our criminal justice system has operated in the past.” The Rev. William Barber, head of the state chapter of the NAACP, also had strong words for the five House Democrats. “For a Southern legislature to do what they are doing in the face of proven racial disparities is wrong reprehensible and contrary to the fundamental American principle of equal justice,” Barber said. Barber further noted that all black members of the legislative caucus were against gutting the Racial Justice Act while all those who supported the overhaul were white. Executions on hold There has not been an execution in this state since 2006 when a series of lawsuits filed on behalf of death row inmates created a de facto moratorium. Then all but a few of the 156 death row inmates sought relief from their sentences under the Racial Justice Act. Though it might have been the intent of the legislature to resume executions with this new bill changing the Racial Justice Act, opponents of capital punishment say the practical effect could be just the opposite. “It will just add another layer of lawsuits,” projected Ken Rose, a lawyer at the Center for Death Penalty Litigation based in Durham. Rose said death row inmates who sought relief under the 2009 law likely would challenge any changes that prohibited them from having hearings in their cases. Despite legislative attempts to address that issue by saying the law did not apply to the case of Robinson – the death row inmate whose case was heard first – the legal challenges that might come from other death row inmates excluded from similar hearings could keep the de facto moratorium in place for years as those judges consider the cases. But House Majority Leader Paul “Skip” Stam, a Republican from Apex and key author of the current bill, said Saturday that changing the Racial Justice Act would end up reducing litigation by a few years. He said the Racial Justice Act added about six years to a process that typically lasts right up until execution. Peg Dorer, executive director of the N.C. Conference of District Attorneys, agreed. “Extensive litigation is the name of the game with death penalty opponents,” she said in an email Saturday. “When they know that a majority of citizens in North Carolina support a death penalty, their only option is to continue to stall, tangling the system up with litigation.” Staff writer Craig Jarvis contributed. Blythe: 919-836-4948

Statement by Rebecca Fontaine, Immigrants’ Rights Organizer, on SB1070 Supreme Court Ruling

North Carolinians Called to Stand For Immigrant Justice after Supreme Court Ruling on Arizona’s SB1070 While policy and advocacy groups are rightfully celebrating that three provisions of SB 1070 were struck down and that the ruling leaves open the possibility to overturn section 2B with pending litigation from civil rights organizations, the ruling is not as celebrated by those most directly impacted by these laws. The many consequences of unjust immigration enforcement are raw for those who continue to live in fear of being separated from family members and their communities. They know firsthand the impact of racial, ethnic and religious profiling, which they expect section 2b to amplify, and its resultant deportations. To read full statement click below https://southerncoalition.org/node/595

DOJ Objects to Change in Size and Method of Election of Pitt County School Board

On Monday, the United States Department of Justice objected to a proposed reduction in the size and method of election of the Pitt County Board of Education. The changes were the result of a local bill passed by the General Assembly last year. On behalf of the North Carolina State Conference of NAACP Branches, SCSJ filed a comment letter with DOJ, explaining how the proposed change would be retrogressive for black voters in the county. DOJ agreed that the change would make black voters worse off, and issued an objection letter on April 30. Attached are the comment letter filed by SCSJ and the DOJ Objection Letter.

Rogers-Eubanks Neighborhood Association and NC NAACP Score an Environmental Justice Victory in the NC Court of Appeals

Yesterday, a 3-judge panel on the North Carolina Court of Appeals unanimously affirmed a trial court decision in Waste Industries v. NC upholding the constitutionality of a state law that limits the size and location of new large landfills built in the state. The Rogers-Eubanks Neighborhood Association and the NC NAACP had intervened in the litigation to defend the law, passed in 2007, because large landfills are often sited in low-income, minority communities. The NAACP had pushed the General Assembly to consider environmental justice when dealing with new landfills. The decision from the Court of Appeals expressly recognized the environmental justice protections provided by the challenged statutes. Attached is the May 1 opinion from the Court of Appeals.

SCSJ Redistricting Arguments heard in Florida Supreme Court

Last Friday SCSJ staff attorney, Allison Riggs, represented the Florida NAACP in asking the Supreme Court to declare the new Senate redistricting plan constitutionally invalid. She argued that in invalidating the first Senate plan earlier this year, the Florida Supreme Court had not factored in the effects of racially polarized voting in determining whether a district with a dramatically reduced black voting age population, will still allow black voters to elect the candidates of their choice. The redrawn Senate plan would have significant negative effects on minority voters in Northeast Florida. The position of the NAACP is that the evidence before the Court indicated that there still is, especially in northeast Florida, a substantial amount of racially polarized voting, and that black voters cannot rely on white crossover voters. She showed how redrawn Senate districts in which the BVAP has been dramatically lowered, those districts violate the state constitutional prohibition on diminishing the ability of minority voters to elect the candidates of their choice. It is expected that a decision will be made by next Friday. To read some of the press coverage see: http://www.miamiherald.com/2012/04/18/2760870/supreme-court-suggests-it-will.html http://jacksonville.com/news/florida/2012-04-20/story/first-coasts-black-vote-spotlight-supreme-court-considers-redrawn