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Civil Rights
Civil Rights is an important and integral part of our democracy. For this reason, it is essential to assess the record of the Bush Administration. Rather than providing our own views, which might be viewed as biased (remember this is a Kerry site), we thought it would be best to provide you with an unbiased report prepared by the US Commission on Civil Rights. We were surprised to see that a federal government agency putting out a report on a sitting president, and even more surprised that it was unabashed in its assessment. Because of its length (180 pages) we thought we'd excerpt portions to give you a feel and add our own commentary. Not every topic in the report is summarized here, but the excerpts below are representative. To be fair to the President, not every account provided in the report is negative. You don't need to look hard to find less than sterling assessments of the President's civil rights record within the report. We just cite a number of those we want to call to your attention. We also provide a link to the actual report prepared by the Commission on Civil Rights. Redefining Rights in America: The Civil Rights Record of the George W. Bush Administration, 2001-2004Voting Rights: Despite promising to unite the nation and improve its election system, the President failed to act swiftly toward election reform.
He did not provide leadership to ensure timely passage and swift implementation of the Help America Vote Act (HAVA) of 2002. Thus, Congress did not appropriate funds for election reform until almost two years into his presidency.
The administration seated the federal election reform oversight board 11 months behind schedule, resulting in delayed fund distribution to states. Consequently, states did not have the equipment, infrastructure, or guidance they needed to meet HAVA's deadlines, including implementation of statewide voter registration databases, development of voter complaint procedures, and installation of new voting equipment.
As a result of the President's inaction, little will change before the 2004 elections, and the problems that linger, unless resolved, will most likely disenfranchise some eligible voters.
Changing the Nomination Process
President Bush's first action on judicial nominations was to change the selection process. In March 2001, the administration terminated the longstanding relationship between the American Bar Association (ABA) and the White House Counsel's Office. For 50 years, ABA had advised Presidents on the qualifications of judicial nominees for service.[41] White House Counsel Albert Gonzales wrote to ABA's president informing her that the administration did not wish to grant a "quasi-official role to a group such as the ABA that takes public positions on divisive political, legal and social issues that come before the courts." In a news conference following the White House announcement, the ABA president expressed concern that ̉the role of politics may be taking the place of professionalism in choosing judges.[43] Some newspapers and civil rights advocacy groups voiced opposition to the decision and said that removing ABA could have a negative effect on civil rights law enforcement.[44]
The Bush administration's move to eliminate ABA's role presaged fierce partisan rancor over the President's nominees. One commentator cites the President's campaign promise to effect an ideological transformation of the federal judiciary as the reason for increased politicization.[45] The judicial nomination process has historically been subject to political connection and ideological compatibility to the party in power. However, critics attribute the recent contentiousness to nominees' views, which they consider so far out of the mainstream that they would eviscerate enforcement of federal civil rights laws.[46]
Nominees Whose Civil Rights Records Have Been Challenged
Because federal judges have the power to interpret and establish precedent upon which future case law can be based, and because they serve life terms, their civil rights views are critical. Civil rights organizations and leadership have objected to and launched campaigns against several of President Bush's nominees, claiming that the administration is trying to pack the judiciary with anti-civil rights ideologues.[47] Supporters of the President's nominations, on the other hand, assert that their views have been misrepresented and accuse opponents of racializing the process and using the religious beliefs of nominees against them.[48] They also argue that the failure to approve some of President Bush's nominees reflects the growing partisanship in Congress and election year politicking. However, as the following discussion will illustrate, the Senate has rejected only those with the most controversial civil rights records.
Environmental Justice
Researchers have asserted that "there are times when environmental problems raise important civil rights questions."[237] Civil rights violations occur when certain communities, especially black, Hispanic, and Native American, are inequitably burdened by environmental ills.[238] There are many historical and present-day examples of environmental injustice. Among them:
Public and private initiatives have targeted minority communities for locating toxic facilities, such as incinerators, oil refineries, power plants, landfills, and diesel bus stations;
Land-use policies and unhealthy and hazardous conditions have uprooted working class minority communities from neighborhoods; and
Low-income people and minorities have been excluded from decisionmaking regarding environmental policies, programs, and permits that affected them.[239]
Disregarding Executive Order 12,898
The documented patterns of discriminatory dumping and the lack of environmental justice enforcement precipitated President Clinton's 1995 issuance of Executive Order 12,898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations." The order directs federal agencies to develop agencywide environmental justice strategies and to review their programs, policies, and activities that have a negative environmental impact on minority and low-income communities.
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The inspector general also found that despite a decade of active pursuit, Executive Order 12,898 is still not part of EPA's core mission.[263] President Bush did not consider implementation of the order a primary goal.[264]
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a 2003 EPA report failed to embrace the notion that poor and disadvantaged populations reside in areas with higher concentrations of pollutants, or that the distribution of environmental burdens is based on race, income, and political power. According to researchers, this claim was a clear reversal of EPA's historical stand that minority and low-income communities are overburdened with environmental pollutants and an apparent retreat from Executive Order 12,898. EPA and other federal agencies typically do not cooperate with health policy experts and affected minority and low-income communities to eliminate or reduce environmental pollutants.[270]
Furthermore, under President Bush, the EPA has yet to develop a standard for assessing the cumulative impact of environmental hazards.271
Equal Educational Opportunity
Equal Educational Opportunity: Early in his administration, the President widely promoted an education reform proposal, the No Child Left Behind Act (NCLB), and garnered bipartisan support. Despite its worthy goals, however, NCLB has flaws that will inhibit equal educational opportunity and limit its ability to close the achievement gap.
NCLB does not sufficiently address unequal education, a major barrier to closing the achievement gap between minority and white students.
NCLB defers to states responsibility for defining achievement and adopting assessment measures. Educators fear that, unless there are safeguards in place, states will attach high stakes to tests, punishing students for the system's failure to teach.
Students, especially those who are minority, limited English proficient, low income, or have a disability, disproportionately attend schools that do not have the resources to provide necessary learning tools and, thus, are more likely to be identified as low performers and subject to sanctions.
The lowest performing schools are also the poorest, amplifying the need for sufficient resources. However, President Bush has not aggressively pushed for increased funding, leaving NCLB underfunded every year except its first.
Fair Housing
Fair Housing: Policies instituted under the Bush administration have diminished housing opportunities for poor, disproportionately minority families.
The President shifted resources away from rent assistance for the poor and toward home purchasing programs for minorities. Although a worthwhile effort, the President's A Home of Your Own program is hampered by insufficient funding to relieve the chronic affordable housing crisis.
The President outlined a plan to eliminate billions of dollars from programs to help low-income and disabled persons pay for housing through rent vouchers, including the Section 8 Housing Choice Voucher Program, and HOPE VI, which rebuilds distressed communities.
Racial Profiling
Early in his term, President Bush promised to end racial profiling. Although he has not completely fulfilled that promise, he issued guidelines to prohibit racial profiling in federal law enforcement, an action unprecedented among U.S. Presidents. President Bush took other actions, however, that had negative effects.
The administration responded to the September 11, 2001, terrorist attacks by instituting regulations that facilitate profiling rather than prevent it. Immigrants and visitors from Arab and Middle Eastern countries were subjected to increased scrutiny, including interviews, registration, and in some cases removal.
Early on, some federal agencies denounced profiling in the performance of their agents' routine duties, but the administration did not introduce governmentwide policies complete or comprehensive enough to have measurable positive effects after September 11.
Commendably, two years later, the Department of Justice (DOJ) issued guidelines that prohibit federal agents from making enforcement decisions based on race or ethnicity. However, the guidelines contain a broad and loosely defined exception that permits race targeting if law enforcement alleges that individuals are suspected of posing a national security threat. This exception allows profiling in certain undefined circumstances and potentially gives cover to abusers.
Gay Men and Lesbians
President Bush has stated unequivocal support for a constitutional amendment banning same-sex marriages. If passed, the amendment would be the first in U.S. history to limit rather than preserve and expand the rights of a group.