Thread by @ScottHech

THREAD: Most think the Supreme Court is the final word. Once they rule, it's over. That's wrong. When the Court makes a decision, it's the constitutional floor. State leaders ALWAYS have power to afford more rights. They rarely do. Why? Bc we don't know to hold them accountable.

Today Supreme Court made a horrific ruling. That their decision last year-holding non-unanimous jury laws enacted by the KKK unconstitutionally racist-didn't extend to people still imprisoned but unlucky enough to have been convicted before that decision. "Finality" they said.

For over 100 years, Louisiana and Oregon were the *only states in the country* that allowed non-unanimous convictions. KKK were influential in passing both laws (LA in late 1800s and OR in 1934) so they could convict (read: legally lynch) anyone they wanted to.

After jailhouse lawyer (& now law student) Calvin Duncan was released from nearly 30 years of wrongful imprisonment, he spent 9 years trying to get the Supreme Court to hear the case. 23 attempts. Oregon could have ended this on their own. Didn't need the Court to allow them to.

In 2018, Louisiana passed a ballot measure to stop non-unanimous juries going forward. Oregon then became only state that then still allowed these types of convictions.

Indeed, Oregon's "progressive" AG presided over countless such verdicts over her previous career as a judge.

Today's Supreme Court's decision is a reminder of how OR's "progressive" AG Ellen Rosenblum did everything in her power to enable this horrific decision.

Also an opportunity to let people know to hold their politicians accountable.

Also: She can still make it right. Story:

The Edwards v. Vannoy decision is the culmination of years of effort by Oregon Attorney General Ellen Rosenblum to maintain the racist stain of non-unanimous jury verdicts. She could have done different every step of the way. Few in Oregon had any idea. So she kept going. Still.

For 7 years, Ellen Rosenblum was the Attorney General of 1 of 2 states that allowed non-unanimous juries. Let them continue. Wouldn't do anything until the Supreme Court finally took up the case. She *joined Louisiana in asking the Court to keep the racist law alive & thriving.*

Fortunately, the Supreme Court didn't listen to Oregon AG Ellen Rosenblum. In April 2020, they finally acknowledged what was long obvious: This racist law was unconstitutional. To save face, she praised the decision. Finally, Oregon could "move beyond this embarrassing stain."

But Rosenblum kept fighting. Fighting in Oregon courts against everyone convicted in the past from having the opportunity to have a new, fair trial. Claiming, dangerously, she had no power to do anything. That she was "awaiting guidance" from the Supreme Court on retroactivity.

But she didn't need to "await guidance." She could have conceded retroactivity on her own. Couldve stopped fighting every case. Could have done what's right. Instead she fought in the Supreme Court. Asking the ultra-Conservative Justices to rule just as they did today in Edwards.

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.

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.

These demands do not change because of the Supreme Court case, just as her power to act does not change. Fundamental to our Democracy is that the Constitution sets the floor. States can always provide more rights. More critical today than ever. We are not bound by Kavanaugh.

I'm concerned. Seeing more & more (deserved) disgust being heaped on the Supreme Court today. But a critical opportunity being missed to call out Ellen Rosenblum & other state actors like her, who hide behind the Supreme Court so they don't have to make just, right decisions.

Here's the critical point made by Terrence Hayes. A man Ellen Rosenblum sentenced to 13 years following a non-unanimous verdict:

"We don’t have to rely on the Supreme Court — states have the power to provide retroactive justice." Ellen Rosenblum can make this awful stain right.

Last note for now. Even Justice Kavanaugh who wrote for the majority in Edwards acknowledges the obvious: state leaders can act.

"States remain free, if they choose, to retroactively apply the jury-unanimity rule as a matter of state law in state post-conviction proceedings."