There's a newly empowered progressive majority on the Washington Supreme Court. And it issued 2 sweeping decisions on youth sentences & war on drugs.
I wrote on how the rulings show off a blueprint of how state courts can do more to advance civil rights: theappeal.org/politicalrepor…
Over the past 3 weeks, narrow majorities on the Washington Supreme Court pointed to the state constitution to:
1/ extend protections against life without parole, and 2/ strike down the state statute criminalizing drug possession, effectively legalizing it (for now?).
The first decision is a judicial milestone in extending the U.S. Supreme Court's jurisprudence on life without parole beyond age 18.
The 2nd decision is especially striking in its willingness to rock the boat whatever the concerns it's impractical to address rights violations.
The 5 justices (out of 9) in the majority in both rulings are the 5 most recent to join the court. 2 of them joined just last year.
@mjs_DC beat me to publishing about these rulings on Monday, & he emphasized lessons for more appointments.
I was focusing on what advocates can glean on gains for progressives to strategize around state courts -- when federal courts have taken the Trumpian turn they have.
As one civil rights litigator simply told me: "there’s another potent tool that ought to at least be tried"
But there's really no overstating how much the decision on drug possession signaled a new era in WA State.
Some prosecutors & LE are saying it's too much to revisit it all. A public defender said:“Do we really think that workload should outweigh a constitutional protection?”
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A big share of the debate on voting rights was long focused on getting people’s rights restored once they finish whole sentence. But many activists were pushing loudly to get rid of disenfranchisement altogether. And in just a few years, they’ve changed the landscape so much.
Still only DC has outright abolished it (joining ME & VT).
But push helped move default Dem position further to universal suffrage — at least to idea anyone not incarcerated should vote. States getting that done since 2019 unthinkable 26 months ago — CA, NJ, CO, harsh NV...
And today, the most shocking shoe dropped Virginia. The Gov said he’d enfranchise anyone not in prison via EOs.
When the Gov in 2017 did a weaker EO, *Dem* prosecutors fought him.
But then, they lost primaries. Activists demanded full abolition. Today we got a far stronger EO.
1/ Virginia law imposes LIFETIME bans on voting for any felony.
2/ in recent years, McAuliffe & then Northam have been restoring the voting rights of ppl who complete their full sentence (including probation, etc.)
3/ New order extends that to anyone not in prison.
A wave of states have been enfranchising anyone not in prison (NJ, CA, CO, NV., now 19 total) legislatively or via initiative.
This is 1st time I'm aware of a governor getting a state to this stage. (VA's legislature did pass a similar measure, but needs to pass again in 2022.)
Four Democratic U.S. representatives from NY all called on Governor Cuomo to resign within minutes just now: Reps. Jerry Nadler, Jamaal Bowman, Mondaire Jones, Alexandria Ocasio-Cortez
UPDATE: 8 Dem representatives from NY just called on Cuomo to resign in statements issued within minutes:
The Iowa prosecutor who chose to go after this reporter who was covering BLM protests is a Democrat who hasn't faced an opponent since 1990. Seat is up in 2022. (desmoinesregister.com/story/opinion/…)
Too often in cases like this, the basic fact that the trial was *a choice made by a prosecutor to use their discretion in this way* does not get the attention it deserves.
This is at least 4th recent St Louis-region election where the candidates who won or advanced were those who’d ran the more strongly in the field on criminal justice reform/changing policing.
St Louis County prosecutor
St Louis City prosecutor
Cori Bush’s primary
Mayor’s race