Farrakhan v. Gregoire: The Wrong Debate
By sarge
Wed Feb 10, 2010 at 08:46:13 PM PST
Section: Diary
Topic: Alternative and Community Media
The 9th Circuit Appeals Court recently ruled that racial bias in Washington's criminal justice system negates the felon disenfranchisement provision in the State Constitution.
If upheld, incarcerated felons in the State would have voting rights. This has spawned debates about whether or not felons should be allowed to vote from prison, but the more important issue is the institutional racism behind the ruling.
During a recent KZOK radio interview, Attorney General McKenna pledged to appeal the ruling all the way to the Supreme Court, if necessary. In response to a question about the minority concentration in prison, McKenna said, "unfortunately our prison population is disproportionate based on race, but disproportionality isn't in and of itself an indication of racial discrimination."
McKenna won't argue that on appeal, however, because the fact of systemic racial bias isn't in dispute. The lower court accepted plaintiffs' evidence of racial discrimination, but rejected arguments that such discrimination violated the Voting Rights Act. That finding was overturned on appeal, but at no point did anyone argue "disproportionality is in and of itself an indication of racial discrimination", nor is that what the court found.
Why would McKenna present this straw man argument in the court of public opinion? Could it be that acknowledging discrimination in our penal system would require him to do something about it?