January 07, 2010
Michael Ramirez Explained The Latest 9th Circuit Court Decision

Way back in 2002, when he was still drawing cartoons for the Los Angeles Times.

If you missed it for some reason, here's the decision.

In a move that could see Washington inmates voting from prison, a federal appeals court has thrown out the state's restrictions on felon voting due to civil rights concerns.

Under the Washington law at issue, citizens convicted of a felony lose the right to vote until they are released from custody and off of Department of Corrections supervision.  The 2-1 ruling by a 9th U.S. Circuit Court of Appeals panel puts those restrictions in doubt, the majority reviewing the voting rights lawsuit found that the state restrictions unfairly penalize minorities.

The 2002 Ramirez cartoon explains how the panel came to this decision.  It shows a children's birthday party.  On one side of a room, a mother is explaining to her son: "Bryson, Bobo the clown was all booked up, so we got the next best thing."

On the other side of the room, a little boy is asking a grim-faced man, dressed in judicial robes, this question: "Are you really from the U.S. 9th Circuit Court of Appeals?"

And that cartoon should tell you most of what you need to know about this decision.  (If you want more, you might start with this prosecutor's analysis.)

Cross posted at Jim Miller on Politics.

(You can see that cartoon, and many others, in Ramirez's fine collection.  You can follow Ramirez at his new newspaper, the Investor's Business Daily.)

Posted by Jim Miller at January 07, 2010 09:49 AM | Email This
Comments
1. The good news is that only 3 of the clowns from the 9th Circus court of Schlameels heard the argument and ruled in favor of the felons. Even if the full clown court votes and upholds it, it is likely to get overturned (not so uncommon for this group) on appeal to the SCOTUS, even with the foolish ideologues like Bader-Ginsburg, Sotomayor, Souter, et al voting their political ideology rather than the law.

But then, after the idiotic decision in Kelo V. New London, anything is possible.

Posted by: Rick D. on January 7, 2010 10:11 AM
2. Felons are felons whether, they are a minority or not. For the supporters of felons to have the right to vote because, felons represent minorities more than, the majority and therefore somehow, there is discrimination in the Justice System and because of that, all felons should have the right to Vote...is INSANE! These Criminal Lawyers/Politicians/Judges are just, trying to enlarge the Liberal voting pool over the Rights of the honest Taxpaying Voters. Any Lawyer/Politicians/Judges should be charged with Criminal activity, disbarred, unseated, fined and jailed in trying to usurp the Value and Rights of those who have earned the Right to Vote.

Posted by: Daniel on January 7, 2010 10:40 AM
3. The ruling, handed down Tuesday by a three-judge panel of the 9th U.S. Circuit Court of Appeals in Seattle, found that Washington's criminal-justice system was so "infected" with racial discrimination that a ban on felon voting violated civil-rights protections.~ Seattle Times Dec.06, 2010

Then, as the chief law enforcer in the state, does that make Christine Gregoire the Bull Connor of the Northwest? She does have that other skeleton in the closet of being the president of a "whites only" sorority at the UW back in the day...Hmmm, could be a pattern emerging here.

Posted by: Rick D. on January 7, 2010 12:20 PM
4. Correct. Felons are felons.

If the felons want to contest that they were discriminated against during their convictions then that is a separate issue unrelated to voting rights for felons. It's amazing Washington State could not muster that simple response in the court room and that the justices could not figure out the difference.

This will be overturned at the next level.

Posted by: y on January 7, 2010 01:27 PM
5. I question whether the state has the right to take away someone's right to vote in the first place, unless that person has been found guilty not of merely a felony, but of a crime that strikes against the democratic process itself (election fraud, assassination, etc.). But in general, I dislike giving the power to withhold any rights to the state, least of all the right to vote.

That said, I didn't have time to read the full decision, but I wonder why they don't simply order fixing the system rather than this. It's kinda like allowing people to drive 55 mph in a construction zone just because the project is over budget.

Posted by: pudge on January 7, 2010 01:43 PM
6. I thought any kind of political activity in a state run facility was prohibited by RCW. I guess they will have to let them out to vote.

Posted by: Gil on January 7, 2010 04:53 PM
7. Well, pudge @5...You don't think the State has the right to take away a Felon's right to Vote. You think that a Felon, who as acted against Society, has the right to vote for those who will represent our Society? Yeah...Right! Disarm and incarcerate the Felon to protect Society but, give him the Right to have his say in who is to govern Society. That kind of illogical destructive thinking would only make sense to a Liberal. Perhaps, you can find a seat on the 9th U.S. Circuit Court of Appeals...A Court that has, over the years, has made itself quite a dishonorable reputation.

Posted by: Daniel on January 7, 2010 06:53 PM
8. Say it, Daniel. Pudge is... A LIBERAL!! That's usually your response to everyone else who questions or differs from popular conservative dogma.

Posted by: AD on January 7, 2010 07:48 PM
9. I'll say this AD...You're a Liberal. I, at this time, consider pudge, for the most part, a Conservative. However, like Bill O'Reilly, he definitely has shown he has some Liberal blood in his veins.

Posted by: Daniel on January 7, 2010 08:20 PM
10. Something i've not heard discussed - Will the convicts votes be attributed to the political subdivision where they are being held or to their home location prior to their incarceration? Will the thousands at Monroe, Walla Walla, Purdy, McNeil Island, etc. be voting in local races?

Posted by: Mr Conservative on January 7, 2010 09:17 PM
11. Meanwhile, Jimmy Carter's third term is in full swing....

Posted by: Michele on January 7, 2010 09:25 PM
12. Maybe said minorities ought to quit committing the bulk of the crimes. This country has gone insane with the politically correct bull****!

Posted by: Mark on January 7, 2010 09:29 PM
13. Anyone recall this exact argument on race from Clarence Thomas's autobiography?

Posted by: Andy on January 7, 2010 10:42 PM
14. #11: oops, s/b "Jimmy Carter's SECOND term"

a third term would be too horrible to even imagine....

Posted by: Michele on January 7, 2010 10:48 PM
15. If the state cannot take away a felons right to vote, EVEN WHILE IN PRISON, what does this do to the lifetime taking away of a felons right to own firearms? A right is a right afterall!

Posted by: Right Wing Wacko on January 8, 2010 04:43 AM
16. Felons have a mechanism to restore their rights. Including owning guns.

The problem is they have to stop committing crimes first.

Posted by: Vince on January 8, 2010 08:13 AM
17. pudge, It's kinda like allowing people to drive 55 mph in a construction zone just because the project is over budget.

A bit, but while the system is broken and disproportionately affects minorities then the statue is unconstitutional. The court cannot assume a fixed system when one doesn't exist.

Posted by: John Jensen on January 8, 2010 12:26 PM
18. If they cannot vote they are not represented, if not represented they do not have to pay taxes . . . The Constitution says so "No taxation without representation." � Sounds to me the state can give them the right to vote or loose money . . . which way do you think �Aunt� Christine will go?

Posted by: Bob on January 8, 2010 12:56 PM
19. The only part of the justice system that is "broken" is the one that has allowed these ideologues to infest the 9th Circuit Court of Appeals.

Posted by: Palouse on January 8, 2010 01:18 PM
20. @18, Bob...You poor Ignorant Liberal HOG..."No taxation without representation" is and was at best, a Political slogan and is NOT in the Constitution! Nevertheless, how many incarcerated Felons are in the position to pay Taxes? Felons are living off the Taxpayers...Get it? But then, you're a Liberal...So, No Surprise!

Posted by: Daniel on January 8, 2010 02:49 PM
21. I have a new name for these folks the Ninrh Circus court of Appeals.The reason? Notice what a three ring circus they seem capable of creating with their interesting rulings (including this one!!)

Posted by: Laurie on January 8, 2010 04:05 PM
22. A bit, but while the system is broken and disproportionately affects minorities then the statue is unconstitutional.~ John Jensen

What statue would that be? This has more to do with the disarray in the family unit than anything else. There are more criminals in there because they have less respect for laws and authority in a civil society- But hey, 7 out of 10 babies born out of wedlock, generational welfare cases- 'daddy' dips, drips then skips... and now mama has to raise the kid on her own-
Lovely picture isn't it? I can't possibly wonder why the kid isn't the next Bill Gates, George Washington Carver, etc.

I'm pretty sure the psychobabble sociologists that cry "there's racism in the court system" will ever look at the true causes of the high and disproportionate incarceration rate in these groups though. It's just easier for the "leaders" in the community to blame the white man and the system for their problems.

I believe in the saying that you get the society you deserve, and sad to say, we are seeing the effects of generations of trash breeding more trash; across the race spectrum. Sure, give 'em the vote, then let's see what kind of America our kids and grandkids will get to live in.

Posted by: Rick D. on January 8, 2010 04:11 PM
23. RE: 18. If they cannot vote they are not represented, if not represented they do not have to pay taxes . . . The Constitution says so "No taxation without representation." � Sounds to me the state can give them the right to vote or loose money . . . which way do you think �Aunt� Christine will go?


They are not represented because they are no longer free men. The Constitution does not say anywhere "no taxation without representation". I think you are confused with a slogan which was used often during the time before and during the Revolutionary War. It never had anything to do with incarcerated felons. It was part of a grievance where colonists under British Rule were not properly represented in British Parlaiment.

Educate yourself before you make more ridiculous claims.

Posted by: y on January 8, 2010 04:12 PM
24. @18...Bob, Bob, Bob....time for you to shake off the shackles of your public school education and actually learn about the history and ideals of the American Revolution, the Founding Fathers, and our Constitution. You will most likely be surprised by the amount of lies you have been fed.

Posted by: FurryOldGuyJeans on January 8, 2010 04:51 PM
25. Universal Voter Registration.
Register felons.
Register all welfare recipients.
Make sure the homeless are not disenfranchised.
Register any other list of "minority"
people who may not vote often enough.

All mail-in ballots. No identification necessary.
No address necessary.
Then, who will count these votes....

I want to go to a local voting booth,
be checked in by a neighbor who has known me
for years, and physically mark my ballot.
Then, I want a purple finger, like they had in Iraq when we taught them how to have
elections!

Posted by: teapartygrandma on January 8, 2010 10:22 PM
26. John Jensesn wrote:

A bit, but while the system is broken and disproportionately affects minorities then the statue is unconstitutional.

White collar fraud is 95% whites, does that mean fraud laws are discriminatory?

If the cause of their incarceration (the law, such as selling crack) is not discriminatory, then the higher rates of effect on minorities - for their own willful actions - is not unconstitutional.

Posted by: Shanghai Dan on January 9, 2010 11:18 AM
27. 1. to answer a question posted, typically states "count" people in prison as residing in the district where the prison is located, for purposes of drawing up the state legislative district boundaires. Back in NYC this angers liberals, who see the rural upstate counties (like the one where the famous prison Sing Sing is located) gain propotrtionately in representation in the state house and state senate based on these nonvoting "residents" most of whom were originally from NYC.

2. here's an interesting question.

If african american males are currently disenfranchised to the extent of 25% due to the felony disenfranchisement system, do the conservatives think this is because:

(a) they have an inherent tendency to be criminals more,
(b) their social circumstances create bad behaviour more, or
(c) our justice system systematically creates crimes that AAs engage in more (eg, penalties for crack being higher than for poweder cocaine), AAs get caught more (being poorer, they are doing it in the street instead of doing it in BMWs the way the yuppie drug users do), they are more likely to get jailed etc. (can't afford good lawyers, face discrimination in subtle institutional ways, etc.).

and
(d) do some conservatives believe it could be a combination of the above factors, or do most conservatives believe it is just one factor?

Finally, assume this ruling stands, and they have the right to vote. Do you want them voting in the rural district where the prison is? This could lead to Walla Walla becoming more Democratic. Or should they vote where they originally came from?

As to no taxation without represntation, I thought conservatives believed in natural law principles or rights reserved or unstated in the constitution, so the argument that "the constitution doesn't say that outright" is never a valid one for someone who also says "there are rights not stated in the constitution."

Right?

In fact if you read most of our founding rights type documents, the language is pretty clear they all say these are preexisting rights. That is what inalienable means, I think. They don't say "well this will be a right once the King signs this Magna Carta" they say "these ARE rights, and the King is going to recognize them when he signs this."

Correct, right?

Posted by: Torture Lawyer on January 9, 2010 11:23 AM
28.

See the post at 22 for your answer.

Posted by: Rick D. on January 9, 2010 01:51 PM
29. TL:

If african american males are currently disenfranchised to the extent of 25% due to the felony disenfranchisement system,

You can stop right there. First, for the rest of your post to have any relevance you have to show we have a felony disenfranchisement system. What laws are specifically aimed at African American males?

Posted by: Shanghai Dan on January 10, 2010 09:20 AM
30. It is true that race may not have caused a felon to commit a crime.

But many people take felonious actions every day.
Some are arrested for those actions, and some are not.

If the decision as to who is arrested and prosecuted is the result of discrimination, then there is a violation of the Voting Rigts Act.

That is why the 9th. Circuit Court of Appeals reached the decision to allow felons in Washington State to vote.

To see more of the reasoning used by the Court, go to: http://wendygdphillips.wordpress.com

Posted by: Wendy Phillips on January 10, 2010 05:16 PM
31. It is true that race may not have caused a felon to commit a crime.

But many people take felonious actions every day.
Some are arrested for those actions, and some are not.

If the decision as to who is arrested and prosecuted is the result of discrimination, then there is a violation of the Voting Rights Act.

That is why the 9th. Circuit Court of Appeals reached the decision to allow felons in Washington State to vote.

To see more of the reasoning used by the Court, go to: http://wendygdphillips.wordpress.com

Posted by: Wendy Phillips on January 10, 2010 05:18 PM
32. It is true that race may not have caused a felon to commit a crime.

But many people take felonious actions every day.
Some are arrested for those actions, and some are not.

If the decision as to who is arrested and prosecuted is the result of discrimination, then there is a violation of the Voting Rights Act.

That is why the 9th. Circuit Court of Appeals reached the decision to allow felons in Washington State to vote.

To see more of the reasoning used by the Court, go to: http://wendygdphillips.wordpress.com

Posted by: Wendy Phillips on January 10, 2010 05:19 PM
33. It is true that race may not have caused a felon to commit a crime.

But many people take felonious actions every day.
Some are arrested for those actions, and some are not.

If the decision as to who is arrested and prosecuted is the result of discrimination, then there is a violation of the Voting Rigts Act.

That is why the 9th. Circuit Court of Appeals reached the decision to allow felons in Washington State to vote.

To see more of the reasoning used by the Court, go to: http://wendygdphillips.wordpress.com

Posted by: Wendy Phillips on January 10, 2010 05:20 PM
34. It is true that race may not have caused a felon to commit a crime.

But many people take felonious actions every day.
Some are arrested for those actions, and some are not.

If the decision as to who is arrested and prosecuted is the result of discrimination, then there is a violation of the Voting Rigts Act.

That is why the 9th. Circuit Court of Appeals reached the decision to allow felons in Washington State to vote.

To see more of the reasoning used by the Court, go to: http://wendygdphillips.wordpress.com

Posted by: Wendy Phillips on January 10, 2010 05:24 PM
35. You're a typical Liberal IDIOT!...Wendy Phillips...In this State and others, you commit a Crime, it doesn't matter what so-called race you are, you are Arrested and held responsible for the Crime...PERIOD. As Liberals usually do, they take a False position and try and build a False premise/excuse to Empower, Regulate, and Steal our hard earned Money and Liberty. Example: Global Warming to foment Cap and Trade, World Tax, Stealing our Liberty and Sovereignty etc. Such a Deal!

Posted by: Daniel on January 11, 2010 01:20 PM
36. The man who murdered our daughter 2 years ago gets the right to vote from behind prison walls at Walla Walla. What's next "Campaign Day" where politicians can come to correctional facilities and campaign?

Posted by: Steve Crane on January 12, 2010 05:08 AM
37. The man who murdered our daughter 2 years ago gets the right to vote from behind prison walls at Walla Walla. What's next "Campaign Day" where politicians can come to correctional facilities and campaign?

Posted by: Steve Crane on January 12, 2010 05:09 AM
38. The man who murdered our daughter 2 years ago gets the right to vote from behind prison walls at Walla Walla. What's next "Campaign Day" where politicians can come to correctional facilities and campaign?

Posted by: Steve Crane on January 12, 2010 05:10 AM
39. The man who murdered our daughter 2 years ago gets the right to vote from behind prison walls at Walla Walla. What's next "Campaign Day" where politicians can come to correctional facilities and campaign?

Posted by: Steve Crane on January 12, 2010 05:11 AM
Post a comment
Name:


Email Address:


URL:


Comments:


Remember info?