Thread by @ScottHech

THREAD: One week ago Justice Kavanaugh (left) ruled 100s still imprisoned by an Oregon law even he admitted was "rooted in racism" were out of luck bc they were convicted too long ago. Oregon's "progressive" AG Ellen Rosenblum (right) could fix this injustice today. Refuses to.

First, a background on the law: Most think of the KKK in terms of physical violence. Intimidation. But they also used legal & legislative process to pass laws exacting legal violence. In Oregon they pushed a law to silence jurors. "Non-unanimous juries."

In Louisiana in 1898, the KKK pushed non-unanimous juries to “establish the supremacy of the white race" & “ensure African-American juror service would be meaningless.” In 1934, Oregon joined them. At the time of the law’s passage there were *34,000+ active KKK members in Oregon.

Every juror’s voice is supposed to matter. Yet Oregon & Louisiana allowed up to 2 jurors to be silenced. KKK pushed these laws to establish white supremacy. To convict whoever they wanted. Legal lynchings. It worked. Watch:

Impact: Black people are already less likely to be selected to be on a jury. More likely to be accused of crime. Non-unanimous juries led to disproportionate convictions. *They would have never been convicted & sent to prison anywhere else in the country.* The KKK got their way.

Current Oregon Attorney General Ellen Rosenblum was once a state judge. Presided over countless non-unanimous juries. Sentenced Terrence Hayes to 13 years prison in 2004. "While I was not kidnapped by white men in hoods, I was caged because of their law." usatoday.com/story/opinion/…

The impact of non-unanimous Jim Crow juries has not only been felt by those locked up because of them. Non-white jurors were demoralized. Attacked by their "peers." Shut up. Silenced. Cash Spencer: “It breaks my heart. The system is not built for me.”

Enter Calvin Duncan. Former jailhouse lawyer wrongfully imprisoned for close to 30 years. Learned about non-unanimous juries while inside. When released in 2011, he didn't relax. Filed petitions to the U.S. Supreme Court 22 times over 7 years. Denied every time. He kept fighting.

Finally in 2019, on Calvin's 23rd attempt, the Supreme Court agreed to hear the case to end non-unanimous verdicts.

Most of Oregonian's significant leaders past & present joined a powerful brief asking the Supreme Court to topple this law.

*But not Oregon AG Ellen Rosenblum!*

Instead of joining Oregon's most powerful leaders--bipartisan--to petition the Supreme Court to finally topple the racist stain on Oregon's past/present,

*Oregon Attorney General Ellen Rosenblum joined LOUISIANA* to ask the Supreme Court to keep the racist law alive & thriving.

Fortunately, the Supreme Court didn't listen to Oregon Attorney General Ellen Rosenblum. In April 2020, the they finally acknowledged what was long obvious: This racist law was unconstitutional. Gorsuch wrote opinion. Here's Calvin Duncan celebrating on the Supreme Court steps:

Despite her fight in the Supreme Court to maintain the racist status quo Oregon AG Ellen Rosenblum still claimed to be happy about the ruling in Ramos.

Stated, that Oregon would finally be able to move past "embarrassing stain on our progressive state."

But she kept fighting.

Ramos v. Louisiana only applied to future cases. Not those unlucky enough to be convicted too long before the decision.

Ellen Rosenblum fought *every person convicted in the past from having the opportunity to have a new, fair trial.*

Then fought AGAIN in the Supreme Court.

The case the Supreme Court decided last week--Edwards v. Vannoy--was about whether a law even this ultra-conservative Supreme Court ruled was racist, should be applied (fancy legal term coming your way) "retroactively." Meaning to people still burdened by an unconstitutional law.

Terrence Hayes--sentenced by the current AG Ellen Rosenblum in 2004 based on the racist KKK law to silence Black jurors--explained what was at stake in Edwards, what "retroactivity" & "retroactive justice" means, better than anyone.

I'll pull out quotes:usatoday.com/story/opinion/…

"When new rules are announced by the Supreme Court, they don’t automatically get applied 'retroactively.' That means for all of us unlucky enough to have been victims of laws the Court deems brutal & racist before they ultimately say so we are condemned to continue to suffer."

Terrence Hayes: "I am free now. However, still bound by the chains of an unconstitutional conviction. I’m also bound by trauma & guilt. Went to jail at 20. My 2 baby daughters stripped from me. Wasn’t able to be there to support them as they grew. I also was unable to grow up."

But here's the critical point: "We don’t have to rely on the Supreme Court. States have the power to provide retroactive justice."

Ellen Rosenblum could act TODAY to make this right. She could have acted years ago. Instead fought in Supreme Court AGAINST justice. The result:

The result of Ellen Rosenblum fighting every single case in Oregon courts & arguing forcefully to maintain the impact of white supremacy in the Supreme Court: Not just a major loss on this one issue. A Supreme Court decision damaging to millions impacted by other issues to come.

Now Ellen Rosenblum is trying to pass the buck again. First she claimed she was "awaiting guidance" from the Supreme Court.

Now she wants the state legislature to tell her what to do? @ORDOJ, why won't you just use the power you have to do justice?

Oregon AG Ellen Rosenblum can act. Right now. Her claim she has to follow the ultra-conservative Supreme Court for guidance on Justice in Oregon is both false & a supremely dangerous precedent to set. As Chelsea Clinton put it, State leaders can/must act:

State leaders don’t have to follow Kavanaugh. State leaders don't have to follow this ultra-conservative Supreme Court. State leaders can act on their own to provide more rights to their people & their people need to understand this. Hold them accountable.

The District Attorney in New Orleans, Jason Williams, recently used *his* power to rectify the wrong on non-unanimous juries. Ordered new trials before Supreme Court even ruled. Over political pushback. Because he knew that it was the right thing to do. nola.com/news/courts/ar…

All Oregon advocates are asking for from Ellen Rosenblum is she stop opposing requests from hundreds still in prison. That she listen to her community, the local ACLU, Human Rights Watch, people & families directly impacted. That way, local DAs can then decide whether to retry.

Join me & a growing coalition of tens of thousands around the country in calling on Ellen Rosenblum (@ORDOJ)--and by extension all state leaders--to use the power they have to end systemic racism. They don't have to obey Justice Kavanaugh. act.colorofchange.org/sign/People_st…

Please follow @stillinprison, visit stillinprison.org for more info & to take action, and join a growing chorus & coalition dedicated to justice asking Oregon's Attorney General Ellen Rosenblum (@ORDOJ) to use her power to topple this racist legal monument once and for all.