White House Press Secretary Sarah Huckabee Sanders sent out a tweet Sunday asking people to tell her what they’d do with the money they’d save under the Trump tax scheme. Apparently by cutting the corporate tax rate from 35% to 20%, we are all going to get an average pay raise of $4,000 per household. Sarah wants to know what we’re going to do with all the extra cash, and she’s promising to share our stories from her podium. I thought this was rather fitting, since this White House is so given to telling fish stories and fairy tales.

But hey, if you think she can be a little loose with the facts, don’t take it from Sarah; look no further than fashion maven, popsicle aficionado, and presidential advisor, first daughter Ivanka Trump.  Speaking Monday in Bucks County, Ivanka told the audience that her father’s tax plan would work in tandem with his deregulation crusade. The economy would be spurred, young entrepreneurs would keep their companies stateside (cough), we would all stop “losing sleep over” industry regulations and live happily ever after. ​

​If that’s too much fiction for you, here’s a reality check. Trump’s tax plan is Little Red Riding Hood economics-a hungry, greedy wolf of a tax cut for the wealthy all gussied up in grandma’s bloomers. Just like the Big Bad Wolf who tried to pull a scam on Little Red, Trump and Republicans in Congress are trying to fool the American people into believing their tax “reform” plan is going to benefit the middle class. But we’ve all heard this story before, so let’s break it down by playing a game of Fact or Fiction and expose this animal for what it really is. 

Fact or Fiction?
The U.S. tax code is cumbersome and hinders economic growth. Trump's plan is a tax reform, which will simplify tax brackets and close loopholes to help small businesses and average families.
_X_Fiction!
What they’re not telling you is that it’s the wealthiest of the wealthy that will benefit. The top tax rate goes from 39.6% to 35%, which only helps those making more than $418,000 or $470,000 for a married couple. For the top 0.1% the average tax reduction per return will be $1 million!

Fact or Fiction?
Under the Trump plan, the "pass-through" income tax rate would be lowered. Small businesses would benefit.
_X_Fiction!
Many businesses are organized in a way that they are taxed through the owner’s individual income not through the corporate tax code. 70% of all pass-through income is accrued by the top 1%. Pass-through income is taxed at the individual rate of 39.6%. Republicans want to limit the tax on pass-through income to 25%. This will cost $770 billion over ten years. It would not help small businesses. Half the benefits of this change would go to the 1%. Republicans say they want to reform the tax code, but this would create a huge loophole that would be a boon to hedge fund managers not mom and pop. A certain individual would be one of those who gain the most. Want to guess who that may be? The Trump Organization is essentially a series of pass-through entities. If the rate is lowered to 25%, Trump and his brood would see a significant tax reduction. 

Fact or Fiction?
Repealing the Alternative Minimum Tax (AMT) would eliminate some of the loopholes used to avoid paying taxes.
_X_Fiction!
The AMT was put in place so that the wealthiest couldn’t exploit loopholes. Under this part of the tax code, the wealthy must first calculate their tax obligation under the regular code, then calculate it under the AMT. If the AMT is greater, those individuals must pay the difference. Republicans want to eliminate the AMT, giving the wealthy another break, allowing them to pay little or no tax at all. 

Fact or Fiction?
The estate tax should be repealed, so American families can maintain their hard-earned assets.
_X_Fiction!
This tax only effects individuals whose estate is valued at more than $5.5 million. The richest 400 billionaires have more wealth than 62% of Americans. The estate tax was intended to correct this persistent concentration of wealth. Now Republicans want to get rid of it altogether. This would cost $239 billion in ten years. Who will this benefit? 99.8% of people would be unaffected by the estate tax to begin with, so again we're looking at a tiny portion of the overall population.  

Are you sensing a trend? 

Let's face the facts. The Trump Tax plan is a hoax and one we've seen before. The money doesn't trickle down as promised and any small advantages that may be claimed are usually erased by cuts in essential programs and services.  The White House pretends this will be a gift  from the gods for the middle class, but those it actually helps are doing rather well already. According to Ed Wolff, an economist at N.Y.U., "the richest ten per cent of U.S. households own more than eighty per cent of all stock-market wealth. And, as the market has risen in anticipation of the Trump tax plan passing, these wealthy households have already enjoyed a substantial windfall." In other words, the rich get richer. 

There's one last point that needs to be made, and it's one of the more insidious aspects of the plan. Trump's tax plan would widen the already cavernous racial wealth gap. "The vast majority of the benefits of the Trump Tax Scam flow to the highest quintile of families—an income band that is 77% white but only 6% African American and 7% Latino. "

What all of this underscores is how imperative it is for the American people to see Trump’s tax returns-to see just how much he is benefiting from his own policies while at best,  not helping,  and at worst, hurting the rest of us. 

This story is far from its conclusion, but unless we mobilize like we did to fight Trumpcare, it won't have a happy ending. Like Little Red Riding Hood in her refrain with the wolf, we might say, “Mr. Trump, what small hands you have!” I'm just afraid his response would be, “The better to fleece you with, my dear!”

When a nation’s president personally and ferociously attacks one of its citizens and by extension an entire group of people, I don’t think it’s too much to ask what’s really at the heart of such vitriol. Yes- I’m speaking of 45, and yes- I’m speaking of Colin Kaepernick and his NFL colleagues.

By now I’m sure you’re all aware of the story behind Kaepernick’s protest. It began in 2016 when he sat during the playing of the national anthem. In Kaepernick’s words, “I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color. To me, this is bigger than football and it would be selfish on my part to look the other way. There are bodies in the street and people getting paid leave and getting away with murder." He was referring, of course, to cases such as those of Michael Brown, Eric Garner, and Tamir Rice, which led to the Black Lives Matter movement. Later Kaepernick took to kneeling during the anthem to show respect for members of the military but insisted that he would continue his protests until "[the American flag] represents what it's supposed to represent".

​Unfortunately, between the president’s rants and stunts like the one pulled this weekend by VP Mike Pence, the original intent of Colin Kaepernick’s protest has gone a little blurry around the edges. One can't help but wonder if that wasn’t precisely their intent. 

What is it exactly that 45 and his VP don’t want us to see? Maybe it’s the fact that in 2015, for example, in officer-involved killings the rate of death of young black men was 5 times higher than white men of the same age. To say we need to refocus the issue is an understatement. Up until last December the FBI didn’t even have accurate data on homicides by police and depended solely on police chiefs voluntarily submitting their numbers. In fact, it was found that by using this method the bureau was recording less than half of all killings occurring nationwide.

After the unrest in Ferguson, a White House task force convened by President Obama recommended that better data on killings and the use of force by police was warranted. The basic lack of data came to light due to a project by The Washington Post and one from The Guardian called The Counted, which combined reporting with verified crowdsourced information to give a more accurate tally of the number of police involved killings. Former FBI Director James Comey announced reforms to the FBI’s data collection methods saying it was “unacceptable” that projects like The Counted had better numbers than his own agency.

Fortunately, Senator Art Haywood (Senate District 4, serving parts of Montgomery and Philadelphia counties) is placing attention back where it belongs. Haywood  is the prime sponsor of a bill, SB 400,  which would require an independent prosecutor be appointed when there is a deadly force incident and police officers are involved. Haywood first introduced the bill during the 2015-16 legislative session and is reintroducing it now along with co-sponsors Daylin Leach (SD-17), Jay Cost (SD-43), and Vincent Hughes (SD-7).

Senator Haywood has a simple objective. “When it comes time to investigate a police-involved shooting, let’s have more independence in the process,” said Haywood.

The initiative has met with some criticism, particularly from Wendall Morris of the Pennsylvania State Police director of the Bureau of Integrity and Professional Standards unit. “I’m confident in the ability of our internal affairs division, and our investigators and current processes that’s set up to make sure that there are fair and impartial investigations,” said  Morris.

Some district attorneys have also expressed reservations saying the law would take away the rights of local DA’s to decide whether prosecution in such cases is necessary. “You’d be given that decision to someone who’s unelected, who’s not responsible to the community,” Dauphin County DA Ed Marsico said.

But isn’t that precisely the bill’s objective to keep the process apolitical and independent?

​Pennsylvania ACLU director Liz Randol notes, “This would be a clear-cut way to ensure that there’s a level of separation between the local district attorneys and the police officers they’re investigating. I think most important for us, it’s about making sure that the public perceives and understands that this process has to be fair.”

SB 400 would provide fairness and a neutral review of cases in which an individual dies at the hands of police. It would also restore something fundamental to our democracy-public confidence in our judicial system.  Maybe then the American flag will once again “represent what it’s supposed to represent” -not just for some of the people but for us all. 

posted by Amy Levengood

I’m always intrigued when I read stories of 19th Century art patrons fainting in galleries before particularly graphic paintings by Goya, for example, or depictions of human suffering in works such as Gericault’s Raft of the Medusa.  It seems strange that our Victorian cousins’ sensibilities were so delicate and different from our own. Though their lives were often harsh with death a constant companion, they weren’t inundated on a daily basis with violent visual imagery in movies or on T.V. as we are today. I think of this every time there’s a mass shooting in this country.  While it’s always horrifying, I must admit each time one of these events occurs I feel a little more numb than the last time. Is this a sympton of the desensitization that that our pre-24 hour news cycle fore bearers had not yet acquired? In a nation where, according to the Congressional Research Service, there are twice as many guns per capita as there were in 1968 (more than 300 million in all) it’s often hard to be surprised.

This brings me to two bills dealing with gun legislation sitting in the PA Senate. One is an improvement on current law, the other is simply appalling. 

The first is SB 501:  Enhancing Safety For All Parties Involved In Protection From Abuse. Under current PA law, when a Protection from Abuse (PFA) order is issued, judges have the discretion of whether to order a surrender of the defendant’s firearms. The defendant has the option of turning them over to a parent, close friend, or relative. This presents a very dangerous proposition. Nothing prevents the third party from allowing the defendant continued access to the weapon. There are at least three cases over the last decade where a defendant has convinced their friend or relative to return the gun and then committed a homicide. (Click here to view the Domestic Violence Fatality Report.) SB 501 would only allow the firearms to be surrendered to the County Sheriff, an additional law enforcement agency, or a federally-licensed firearms dealer. If the defendant is convicted, the firearms would have to be handed over within 24 hours rather than the current 60 days.

Providing victims with extended PFA protection is a significant tool for victim safety and offender accountability. SB 501 would allow judges to use risk assessment tools to determine whether a defendant poses a danger to a victim when determining bail.

Ellen Kramer of the Pennsylvania Coalition Against Domestic Violence notes, “There is so much more that must be done to stem the tide of domestic violence in our communities. For many domestic violence victims, a PFA offers vital protection that allows them to escape their abusive relationships and live in safer and more independent environments.”

Now for the appalling part. The gun lobby has a singular solution for securing our country against gun violence:  Americans need to pack more heat. According to NRA Leader Wayne LaPierre, “The only thing that stops a bad guy with a gun is a good guy with a gun.” Beyond this being simply nuts, the lack of logic in it was born out in the recent massacre in Las Vegas.

​“If you were in the concert venue, concealed carrying, it’s not likely you could effectively respond,” said Pete Blair, the executive director of the Advanced Law Enforcement Rapid Response Training (ALERRT) Center at Texas State University and author of a study of police responses to active shooters. “Most people with a pistol aren’t accurate or effective beyond 25 yards.”

In the case of Pennsylvania Senate Bill 383, the “good guys” are teachers. SB 383 would allow school personnel to have access to firearms in school safety zones with three conditions:  if the school board approves, they are licensed to carry, and have met certain training requirements. The bill has passed 28-22 in the PA Senate. Now it's up to the House Education Committee. 

Numerous groups have come out in opposition to the bill, including PSEA, AFT, Ceasefire PA, and Moms Demand Action. “Elementary, middle and high school teachers should not be expected to do double-duty as sharpshooters, nor should they have to tolerate an environment where their colleagues or visitors in their schools might be carrying a loaded gun," reads a statement from Moms Demand Action. ​
​
When we let fear shape public policies, we end up with a false sense of security without actually addressing the problem. When we let campaign donations and the NRA shape public policies, we end up with a lot of "thoughts and prayers" and no concrete action. It's this lassitude or "numbing down" that the gun lobby and the politicians in its pocket are counting on.

Some may chalk up Victorian delicacy to tight corsets, but I like to hope that we are still capable of a spontaneous and visceral reaction to violence and bloodshed. Let's hope our lawmakers, too, have retained at least this much of a semblance of humanity. 

​posted by Amy Levengood

 
​​If you're a resident of California, New York, Colorado, or even Guam, and are a member of the LGBT community you can rest assured that you are protected by law from employment discrimination based on sexual orientation or gender identity in both the public and private sectors. Those areas listed are just a few of the 23 states and territories which afford their residents such protection. (See the map above.)

“What about Pennsylvania?” you may ask.  Believe it or not Pennsylvania was the first state to ban employment discrimination based on sexual orientation in the public sector back in 1975. (This was done via executive order. In 2003 via executive order,  discrimination was banned based on gender identity.)  But since then those working in the private sector, which are by far the majority, have been left defenseless. And little has been done to protect transgender individuals in either sector of the economy. There are currently no explicit, comprehensive statewide non-discrimination protections for gay, lesbian, bisexual, or transgender people in Pennsylvania.

Remember the little cartoon scroll from School House Rock! who dreamed of becoming a bill? He sang, “It’s a long, long wait while I’m sitting in committee.” Well sitting quietly in committee since April 2017 is an act now known as SB 613. It’s a piece of legislation that seeks to amend the Pennsylvania Human Relations Act (PHRA) of 1955. It’s identical to SB 974 proposed in the last session of the PA legislature and co-sponsored by Berks County’s own Senator Judy Schwank.

Here’s the language of the current PHRA:
(a) The practice or policy of discrimination against individuals or groups by reason of their race, color, familial status, religious creed, ancestry, age, sex, national origin, handicap or disability, use of guide or support animals because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of support or guide animals is a matter of concern of the Commonwealth. Such discrimination foments domestic strife and unrest, threatens the rights and privileges of the inhabitants of the Commonwealth, and undermines the foundations of a free democratic state. The denial of equal employment, housing and public accommodation opportunities because of such discrimination, and the consequent failure to utilize the productive capacities of individuals to their fullest extent, deprives large segments of the population of the Commonwealth of earnings necessary to maintain decent standards of living, necessitates their resort to public relief and intensifies group conflicts, thereby resulting in grave injury to the public health and welfare, compels many individuals to live in dwellings which are substandard, unhealthful and overcrowded, resulting in racial segregation in public schools and other community facilities, juvenile delinquency and other evils, thereby threatening the peace, health, safety and general welfare of the Commonwealth and its inhabitants.

(b) It is hereby declared to be the public policy of this Commonwealth to foster the employment of all individuals in accordance with their fullest capacities regardless of their race, color, religious creed, ancestry, age, sex, national origin, handicap or disability, use of guide or support animals because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of support or guide animals, and to safeguard their right to obtain and hold employment without such discrimination, to assure equal opportunities to all individuals and to safeguard their rights to public accommodation and to secure housing accommodation and commercial property regardless of race, color, familial status, religious creed, ancestry, age, sex, national origin, handicap or disability, use of guide or support animals because of blindness or deafness of the user or because the user is a handler or trainer of guide or support animals.

(c) This act shall be deemed an exercise of the police power of the Commonwealth for the protection of the public welfare, prosperity, health and peace of the people of the Commonwealth of Pennsylvania.

SB 613 would provide a basic level of protection for lesbian, gay, bisexual and transgender individuals. Why should Pennsylvanians support this amendment? Number one-it’s the right thing to do! In addition, recent surveys show 70% of Pennsylvanians support bolstering  protections against discrimination for the LGBT community. But beyond that there are positive economic benefits for the commonwealth. Promoting a respect for diversity can only serve to attract the best workers and give Pennsylvania an economic advantage. Language from the bill's Memorandum sums it up well:

"More than 400 companies in Pennsylvania, including some of the largest employers, have non-discrimination policies in place that include sexual orientation and/or gender identity. Additionally, all Fortune 500 companies headquartered in the Commonwealth have non-discrimination policies that prohibit discrimination based on sexual orientation and most have a gender identity or expression policy as well. These employers recognize that by respecting diversity, they can attract and retain the best workers and maintain a competitive advantage – a key factor in stimulating economic growth.

Pennsylvania should be seen as a place that welcomes any individual who wants to work hard, succeed, and contribute to our economy without the fear of being fired or refused services simply because of who they are. Although there has been an increase in the number of Pennsylvania municipalities that have passed non-discrimination ordinances, without a statewide law, thousands of individuals not residing in one of these thirty-eight (38) municipalities are not covered. Moreover, Pennsylvania has the distinction of being the only state in the Northeast without a law protecting individuals from discrimination based on sexual orientation and/or gender identity."

Since the Memorandum was written, the number of municipalities has increased to 44. 

Hopefully our legislators will get SB 613 out of committee and up for a vote soon. As for me, I don't remember the Declaration of Independence saying anything about pursuing happiness only in certain zip codes. Maybe I need to binge watch some School House Rock!
​
posted by Amy Levengood

Shortly after the terrible events in Charlottesville, a message came into my inbox from Governor Wolf. On the surface it read like the usual boilerplate with the fine print at the bottom reminding me that contributions and gifts to Tom Wolf for Governor are not tax deductible. But something about the tone of it was a bit different. In the email Wolf talked about the tragedy in Charlottesville and expressed his and his wife Frances’ sympathy for the victims. He denounced white supremacy and described the president’s response as “nothing short of disgusting and incendiary”. He also reminded us of the special place Pennsylvania holds in the nation because of its particular history, first as a colony built on values of freedom and tolerance, then as the place where the Declaration of Independence, the document which embodies those values was written and signed, and later as home to the battlefields of Gettysburg where people gave their lives to preserve and defend the young nation in order that those values could be enjoyed by all.

This started me to thinking. Where does a state like Pennsylvania, which sits north of the Mason Dixon Line, find itself on the continuum of tolerance and bigotry? I began to do a little sleuthing and what I found was troubling.

​Back in February the Southern Poverty Law Center (SPLC) published a study showing hate groups are on the rise across the country. SPLC has identified 917 organizations in the U.S. that qualify as hate groups. 40 of those groups have affiliates right here in PA. In fact, Pennsylvania ranks as the state with the 5th most hate groups in the U.S. 
​

Sadly this came as no surprise. At one time I lived in the center of Boyertown and can vividly remember when once a month usually on Saturdays, KKK members would rally in broad daylight, albeit hidden under hoods, handing out pamphlets to passing motorists in the main intersection of town. That’s when Project Lemonade stepped in. Using a phone chain to alert members, Project Lemonade would spring into action when the Klan began their activities. For every minute the hate group would rally, Project Lemonade would counter-protest in order to solicit donations which in turn would be given to the NAACP, Anti-Defamation League and the SPLC or be used toward school programs and books that promoted diversity. This grass roots effort was successful in ridding downtown Boyertown of the Klan.
​
Unfortunately the didn't go far. As was noted earlier, the SPLC has identified 40 hate groups in PA. On their website is a resource called the Hate Map which pinpoints the groups in PA and throughout the country. Looking at the map, one sees that an affiliate of the Klan calling itself the Ku Klos Knights of the Ku Klux Klan is centered about 6 miles north of Boyertown in Bally, PA. 

Other groups in PA that the SPLC has identified as hate groups fall into the following categories: general hate, white supremacy, black separatists, Holocaust deniers, radical traditional Catholicism, anti-Muslim and anti-LGBT. Of all these, the Klan remains the most active.

​In addition to the above-listed groups, in 2015 Pennsylvania was found to have the most anti-government groups in the country, including two militias. (Members of the Pennsylvania Lightfoot Militia were spotted in the crowd in Charlottesville. See Sean Kitchen's article in Raging Chicken Press.)  SPCL doesn’t qualify anti-government groups as criminal, violent, or racist. The groups describe themselves as opposed to the “New World Order” and in general subscribe to unfounded conspiracy theories and extreme antigovernment doctrines. 

It’s not a pretty picture we Pennsylvanians see when we look in the mirror. We need to remain vigilant and remind ourselves of our history. We need to take heart in how a small grassroots group of ordinary citizens with an innocuous name like Project Lemonade chased the bogeyman from their town. Governor Wolf said in his email, “I have a message for any white supremacist who thinks that they can make Pennsylvania a safe haven for bigotry and intolerance: you are not welcome here. You cannot intimidate us because the spirit of Pennsylvania will always win over hate.” I hope he’s right.

7 Charts that explain hate groups in the U.S.

If you're asking what you can do, take a look at a new publication from the SPLC:                 "Ten Ways to Fight Hate:  A Community Response Guide". The center describes it as "a blueprint for speaking up and organizing communities against hate while – most importantly – avoiding violent confrontations."


​posted by Amy Levengood

​It seems County Commissioner Mark Scott has zoomed-in on only one particular word of that statement, i.e. cost-effective. Faced with an 84-year-old structure and state budget shortfalls, the Berks County Commissioners (Kevin Barnhardt, Christian Leinbach, Mark Scott) have taken it upon themselves to explore solutions to revamping the prison and its operations. Scott has given estimates of $100 million to construct a new facility. Proposals from the architectural firm, L.R. Kimball, have placed the figure upwards of $152 million to rebuild or remodel.

​Unfortunately, the commissioners’ exploration has led them to the George W. Hill Correctional Facility in Delaware County, which is managed by the private firm GEO Group. What is the GEO Group? GEO Group is a Florida-based company which specializes in privatized correctional facilities in the U.S. and across the globe. Its facilities include prisons, immigration detention centers, and mental health and residential treatment centers. In 2015, 45% of GEO Group’s revenue was derived from U.S. Government contracts. The company has been the subject of multiple law suits involving poor treatment of prisoners. In 2016 Deputy A.G. Sally Yates announced the U.S. Department of Justice intended to phase out private prison contracts, but since the new administration has taken over officials have stated the policy is now under review. By the way, GEO Group donated generously to the Trump Campaign.
​

​With the glaring conflicts of interest inherent in placing private, for-profit companies in charge of human services, it’s surprising that only a handful of individuals have come forward to express their reservations. But what they have had to say is compelling and deserves attention.  

Correctional officer, Patrick Murray, has asked the commissioners to take privatization off the table to protect the safety and welfare of the community. "Our officers, our staff, our supervisors do a real good job - even if most people never see it," he said. "We're kind of the bottom of the shoe when it comes to law enforcement, but we really care about what we do." Another officer, Rob Haeusler, argues, "Private corporations outside the state do not care about recidivism rates, specialty courts, alternative sentencing or how we treat inmates," he said. "They do not answer to the community, they answer to investors who demand a financial return. Inmate population decreases are actually a negative growth aspect for their bottom line."

​The concerns don’t only encompass prisoner well-being. Shannon Kozik, a vocal opponent of privatizing the jail, expressed her fears for prison employees. "The county has already walked down the road of privatization," she said, citing the county's decision to close the Berks County Youth Center in 2012 and the subsequent contract with Abraxas Academy, which is part of the GEO Group. Kozik listed several "controversial incidents" Abraxas has had, including two riots in 2010, residents assaulting employees, and several charges of aggravated assault. "While any correctional facility will have challenges, the high rates of assaults gives me pause and leads me to question the staffing and training practices that the GEO Group supports," she said. Abraxas Academy, Kozik noted, is just one of many GEO Group facilities with a history of staffing concerns, poor treatment for those incarcerated, law suits, and allegations of corruption. Kozik also expressed concern about CoreCivic (formerly Corrections Corporation of America), "the other major private entity," which, she said, has "a comparable list of concerns. It is my hope that these issues – not just the bottom line – will be taken into consideration when decisions about privatization are made.”

​Also read Merissa Sechler's "Letter to the Editor" in the Reading Eagle.
​

The topic came up at the most recent commissioners' meeting on Thursday August 17th. County Commissioner and prison board chairman Kevin Barnhard said, "I want to again state personally on the record: I have never advocated for privatizing the operation of the jail. This is the single most important cost driver for this county. We're going to take our time and do our due diligence to make sure whatever happens is in keeping with trying to contain costs as well as for the safety of the inmates and the staff."

Commissioner Christian Leinbach added, "All options are on the table, with the exception of doing nothing. It is crystal clear that we cannot let the jail go as it is. No business that I'm aware of is 'pushing' privatization of the county of Berks. We are looking at that – at least I am – as an option. And I’ve made it very clear at the end of the day that it is not just about money."

​Commissioner Scott was not in attendance at the meeting. Perhaps Commissioner Scott needs to revisit the prison's mission statement and explore it in its entirety next time. ​

To contact the Berks County Commissioners click here.
​
Listed below are some talking points compiled by Ivan Dorta, a jail employee and activist in the fight against prison privatization.

​posted by Amy Levengood

1600 Pennsylvania Avenue, Capitol and First Sts., 1 First St. NE. Those are the addresses of the White House, the U.S. Capitol, and the Supreme Court, respectively. If you’ve forgotten we still have three branches of government in Washington, you’re forgiven. Given the daily antics of the Executive Branch, it’s easy to overlook what’s going on near the other end of Pennsylvania Avenue. So let’s take a little tour down Memory Lane.

In 1965 Congress enacted the Voting Rights Act to address racial discrimination in our electoral process. In Section 5 of the Act, there exists a “preclearance requirement” that requires certain states to obtain a “determination” by the U.S. Attorney General or a panel of the U.S. District Court of D.C. prior to enforcing any changes in their voting laws, that those laws do not "deny or abridge the right to vote on account of race, color, or membership in a language minority group". Section 4(b) of the Act addresses the “coverage formula” which essentially determines which states are subject to “preclearance”. In the original 1965 Act,  those states and jurisdictions included the whole of Alabama, Alaska, Georgia, Louisiana, Mississippi, South Carolina, and Virginia; and some subdivisions (usually counties) in Arizona, Hawaii, Idaho, and North Carolina.

Take a leap forward in time to 2013. In Shelby County (Alabama) v. Holder, the constitutionality of Sections 5 and 4(b) was challenged. On June 25, 2013 the Supreme Court ruled in a 5 to 4 vote that Section 4(b) was unconstitutional, because data used in the “coverage formula” was over 40 years old. Section 5 was not struck down but is de facto null and void, because it can’t be enforced until Congress enacts a new coverage formula. In a dissenting opinion, Justice Ruth Bader Ginsberg wrote that discrimination in voting had indeed decreased since 1965 but mostly due to the Voting Rights Act itself. Bader noted that "[t]hrowing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet”.  However, while acknowledging in a majority opinion that the Act was successful "at redressing racial discrimination and integrating the voting process”, Chief Justice John Roberts wrote, “no one can fairly say that it shows anything approaching the 'pervasive,' 'flagrant,' 'widespread,' and 'rampant' discrimination that faced Congress in 1965, and that clearly distinguished the covered jurisdictions from the rest of the nation.” This ruling led many critics to wonder if Justice Roberts believed racism was a thing of the past.

Then 2016 happened. Enough said except to point out that among other things, many accepted norms and traditions were turned upside down. Could this u-turn apply to Justice Roberts as well? Writing for the Brennan Center for Justice, associate law professor Ciara Torres-Spelliscy muses precisely on that question, whether the 2016 election changed Justice Roberts’ tune. Torres-Spelliscy focuses specifically on a 6-2 ruling in February in the case of Buck v. Davis, in which the Supreme Court held that “Duane Buck received ineffective assistance of counsel by allowing this racially stereotyped evidence to enter the case”.

Click here to read Professor Torres-Spelliscy's complete article.

​posted by Amy Levengood

attribution: gettyimages

On August 30, 2016, the Department of Labor issued a rule which would have made it easier for states to help private sector workers set up 401(k) style retirement plans, a rule supported by the Small Business Majority, and a rule that embodies personal financial responsibility. Sounds like something conservative senator Pat Toomey would champion, right?

 “This approach relieves small businesses of the headaches of researching and setting up a retirement savings plan for their employees. And it’s another reason why Sen. Toomey, who speaks often of the importance of small business, should support this approach and vote NO on H.J. Res. 66,” wrote Stephen Herzenberger  in his Third and State blog post on Wednesday morning. 

By Wednesday evening after the Senate nullified the Department of Labor rule in a 50-49 vote, California’s Senator Kamala Harris tweeted this:

"Under the final rule, states will not have to comply with the fiduciary oversight and other protections of ERISA that ensure that workers’ savings are available to provide a secure retirement. In addition, the rule will result in overlapping and inconsistent requirements for employers operating in multiple states, disregarding ERISA’s statutory preemption of state laws affecting employee benefit plans.”  (GovTrack.us)

Senator Pat Toomey voted for House Joint Resolution 66 (H.J.Res.66). Once again it looks like Senator Toomey is standing with Wall Street, not Main Street.

Read more about what California is doing to fight back.

​posted by Amy Levengood

Posted on April 19, 2017 by Jeff Dempsey Reposed in full from CeaseFirePA, adding call-outs on Reps Knowles and Jozwiak.

This week sees the anniversaries of the massacres at Virginia Tech (4/16) and Columbine (4/20).  Rather than attend a vigil, call for a moment of silence, or recognize the tragedies…the general assembly equipped with their NRA shills passed two pieces of legislation that are offensive, unnecessary, and dangerous.

First, members of the House Judiciary [including Berks Reps Jerry Knowles and Barry Jozwiak] voted for the latest version of Preemption.  Under the watchful eye of the NRA’s PA lobbyist, members of the committee stumbled over themselves to regurgitate talking points from the greedy gun lobby.   They waxed poetic about a case of someone driving from one part of the state to another and accidentally violating a municipality’s gun ordinances.   The fact this case has yet to ever happen didn’t stop them from voting on a bill that would allow ANY membership organization with ANY member who MAY BE eligible to own a gun (No they don’t have to be a gun owner) to SUE ANY township, borough, city, or community that enacts their own gun laws.  Even if THEY HAVE NEVER BEEN THERE.

The vote was  19-6-2.  The full vote count can be found here.  If your Representative voted for this bill contact them and tell them what you think.

Since it has passed out of committee it could come to the full house floor as soon as Monday.  So please call your State Representative and tell them to vote NO on this bill.

Second, was a bill voted on by members of the Senate Education Committee.  The proposed legislation would grant authority to School Boards to determine which of their employees may carry a firearm onto school grounds.  The only additional stipulations are that the employee has a license to conceal/carry and that they undergo training. The bill does not state what an acceptable form of training would be.  Nor does the bill say anything about storage or safety.

When a motion to have a hearing was brought forth it was struck down.  This bill was also voted out of committee and its vote count can be found here.  If you believe that guns don’t belong where your children learn, or that children will find a way to access the firearm, or that the risks associated with accidental discharge are too grave…then please contact them