Civil and Human Rights Groups File Supreme Court Brief in “One Person, One Vote” Case
WASHINGTON –– The Leadership Conference on Civil and Human Rights and six other civil rights groups filed an amicus brief in the Supreme Court case of Evenwel v. Abbott. The case is a challenge to the well-established “one person, one vote” principle that legislative districts should be based on the total number of people who live within them. The challenge seeks to narrow who is counted in districting to something other than total population, which would result in a lack of representation for countless individuals, including immigrants, people of color, people with disabilities and families with children.
The brief highlights the impact that reversing this principle would have on minority and underrepresented people. Since registration rates, age, naturalization status and language proficiency vary dramatically among racial and ethnic minorities, immigrants and low-income people, a ruling in favor of the challengers would forfeit the right of many individuals to be represented in our political system entirely.
The brief was submitted by The Leadership Conference, Advancement Project, Asian Americans Advancing Justice | AAJC, the Asian American Legal Defense and Education Fund (AALDEF), LatinoJustice PRLDEF, the National Immigration Law Center and the NALEO Educational Fund, and was joined by a broad range of civil and human rights groups including the NAACP, the National Urban League, the League of Women Voters and the American-Arab Anti-Discrimination Committee. Attorneys with the firm of Goodwin Proctor LLP served as counsel of record for the brief.
Click here to download a PDF of the brief.
Below is a key excerpt from the brief:
“In our democracy, elected officials do not simply represent the people who voted for them, or the people who are eligible to vote. They are expected to, and do, represent the interests of all of the people in their respective districts. After all, those who cannot or do not vote are still impacted by government in a wide variety of ways. They attend public schools and universities, walk or drive along public streets, and utilize a wide variety of other government services and benefits. They pay taxes and are required to comply with the same laws that apply to voters. In short, they are important members of society, and should be entitled to representation in government according to their numbers.”
Below are quotes from the spokespeople for the amici:
Wade Henderson, president and CEO of The Leadership Conference on Civil and Human Rights
“This lawsuit is nothing but a naked power grab to deny the right to communities of color to be represented. The 14th Amendment was enacted to include freed slaves in our democracy and this case is an attempt to pervert that history. Everyone deserves to be represented and there is no justification for denying that right to low-income people, families, the formerly incarcerated, people with disabilities, and immigrants.”
Juan Cartagena, president and general counsel of LatinoJustice PRLDEF
“A reversal of the lower court’s opinion in this case to exclude all persons except registered voters from the total population count under the ‘one-person, one-vote’ doctrine would be a perversion of American democracy. Coupled with the court’s misguided opinion in Citizens United that continues to allow money to dictate electoral results, the failure to reverse decades of discriminatory vote denial inherent in felon disfranchisement, and the unfairness of completely unnecessary voter ID laws, a reversal in Evenwel would create a caste system of American politics where only the few speak for the many. As a nation, we cannot allow that to happen.”
Katherine Culliton-González, senior attorney and director of voter protection for Advancement Project
“Affirming voting population as a basis for drawing legislative lines would be nonsensical. At any given time, there are large numbers of people who are ineligible to vote, or are eligible but face legal and practical obstacles to the franchise. Although some individuals may be legally or practically unable to vote, they are still protected by our constitution.”
Margaret Fung, executive director of the Asian American Legal Defense and Education Fund (AALDEF)
“The misguided attempt to draw political district lines based on citizen voting age population, as opposed to total population, clearly violates the ‘one person, one vote’ principle of the Fourteenth Amendment. Asian Americans, Latinos, and immigrant communities must not be unfairly deprived of political representation in the redistricting process.”
Marielena Hincapié, executive director of the National Immigration Law Center
“This is yet another cynical attempt by politicians to undermine the electoral process. The heart of our democracy is built on fair and inclusive representation at every level of government. Our elected officials are obligated to represent all—not only some. The millions of people living in the United States who may not be legally eligible to vote, whether they be children under 18, or aspiring citizens, must all be accounted for. Our most cherished democratic principles depend upon it.”
Mee Moua, president and executive director of Asian Americans Advancing Justice | AAJC
“Historically, Asian Americans have been excluded from this country’s political process. As a community of newer Americans, language barriers, unfamiliarity with the voting process, coupled with ongoing voting discrimination practices, has led to significantly lower voter participation rates. But if the U.S. Supreme Court alters the well-established definition of ‘one person, one vote’ in Evenwel, it could further exacerbate their exclusion from the political process.”
A full list of organizations that joined the brief is below:
- AALDEF
- Advancement Project
- American-Arab Anti-Discrimination Committee
- American Federation of Labor and Congress of Industrial Organizations
- American Jewish Committee
- Anti-Defamation League
- Asian Americans Advancing Justice | Asian American Justice Center
- Farmworker Justice
- Hispanic Federation, Inc.
- Lambda Legal Defense and Education Fund, Inc.
- LatinoJustice PRLDEF
- League of Women Voters of the United States
- NALEO Educational Fund
- NAACP
- National Association of Social Workers
- National Immigration Law Center
- National Urban League
- People For the American Way Foundation
- Service Employees International Union
- Voting Rights Forward
The Leadership Conference on Civil and Human Rights is a coalition charged by its diverse membership to promote and protect the rights of all persons in the United States. The Leadership Conference works toward an America as good as its ideals. For more information on The Leadership Conference and its 200-plus member organizations, visit www.civilrights.org.
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