Congressional Black Caucus: Honoring Judge Damon J. Keith, Discussing Rollback Of Safety Net Programs
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the subject of this Special Order. Mr. Speaker, it is with great honor that I rise today to…
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the subject of this Special Order.
Mr. Speaker, it is with great honor that I rise today to co-anchor the Congressional Black Caucus Special Order hour. For the next 60 minutes, we have a chance to speak directly to the American people on issues of great importance to the Congressional Black Caucus, Congress, the constituents we represent, and all Americans.
Tonight, we will discuss and honor the legacy of Judge Damon J. Keith from Detroit, Michigan, and discuss, as well, this administration's, President Trump's, recent attempts to roll back safety net programs.
Damon Keith, a Federal judge in the Midwest whose rulings championed equality and civil rights, notably in a landmark Supreme Court decision striking down Nixon administration wiretapping in domestic security cases without a court order, died April 28 of this year in Detroit, Michigan. He was 96 years old.
In one of the Federal judiciary's longest and most prolific careers, Judge Keith was a fountainhead of regional rulings with national implications. He attacked racial segregation in education, housing, and employment; conservative efforts to limit African American voting; and after the terrorist attacks of September 11, 2001, secret hearings to deport hundreds of immigrants deemed suspicious.
Judge Keith's tenure spanned more than a half century, first as President Lyndon B. Johnson's choice for a district court judgeship in Detroit, with jurisdiction in eastern Michigan, and then as President Jimmy Carter's selection for the Sixth Circuit Court of Appeals, presiding in Cincinnati over cases arising in Kentucky, Ohio, Michigan, and Tennessee.
In a blistering 2016 dissent in an Ohio case that restricted early and absentee voting, Judge Keith, even in the later years, worked tirelessly and accused two circuit court colleagues of scorning African American voters and the memory of Black people slain in the struggle for voting rights.
In a, frankly, emotional rebuke, he incorporated into his opinion photographs and biographies of 36 such victims, including the Reverend Dr. Martin Luther King, Jr. ``By denying the most vulnerable the right to vote, the majority shuts minorities out of our political process. . . . The unfettered right to vote is the bedrock of a free and democratic society. Without it, such a society cannot stand.''
One of America's oldest Federal jurists, Mr. Keith served in the segregated Army in World War II, cleaned bathrooms at the Detroit News, attended historically Black undergraduate and law schools, and witnessed deadly riots in Detroit in 1967.
My colleagues are here with me today to discuss his legacy and the work of Judge Keith, not just for African Americans, but for the American people.
I am happy to be coanchored in the CBC Special Order by my friend and colleague from Nevada, Steven Horsford.
Mr. Speaker, I yield to the gentlewoman from North Carolina (Ms. Adams), my colleague.
I yield to the gentleman from Nevada.
Mr. Speaker, I yield to the gentleman from Pennsylvania (Mr. Evans), the Congressman and my good friend, whom I have the honor to serve with on the Ways and Means Committee. He is fighting for the people of his district in Philadelphia.
Mr. Speaker, I thank my good friend and colleague from Philadelphia who always stands
up for the rights of the working class of those in cities and elsewhere who are struggling, the working poor.
Mr. Speaker, I thank him so much for the work he is doing and for trying to maintain working neighborhoods in our many cities that are, through so much of these rule changes, so much of these executive orders, the ones who are being most affected.
Mr. Speaker, I yield to the gentleman from New Jersey (Mr. Payne), who is from the city of Newark, New Jersey, our good friend, my good friend, and champion as well, of those in the urban areas, as well as to others. He has recently taken on issues related to healthcare.
Mr. Speaker, may I inquire as to how much time I have remaining?
Mr. Speaker, you can see we have had a lively discussion in recognition of Federal Judge Damon Keith. I would like include in the Record an article on his obituary from The New York Times dated April 28 of 2019.
[From the New York Times, April 28, 2019]
Damon Keith, Federal Judge Who Championed Civil Rights, Dies at 96
(By Robert D. McFadden)
Damon Keith, a federal judge in the Midwest whose rulings
championed equality and civil rights, notably in a landmark
Supreme Court decision striking down Nixon administration
wiretapping in domestic security cases without a court order,
died on Sunday in Detroit. He was 96.
His death was confirmed by his daughter, Debbie Keith.
In one of the federal judiciary's longest and most prolific
careers, Judge Keith, a Democrat, was a fountainhead of
regional rulings with national implications. He attacked
racial segregation in education, housing and employment;
conservative efforts to limit African-American voting; and,
after the terrorist attacks of Sept. 11, 2001, secret
hearings to deport hundreds of immigrants deemed suspicious.
Judge Keith's tenure spanned more than a half-century,
first as President Lyndon B. Johnson's choice for a district
court judgeship in Detroit, with jurisdiction in Eastern
Michigan (1967-1977), then as President Jimmy Carter's
selection for the Sixth Circuit Court of Appeals, presiding
in Cincinnati over cases arising in Kentucky, Ohio, Michigan
and Tennessee.
In a blistering 2016 dissent in an Ohio case that
restricted early and absentee voting, Judge Keith accused two
Circuit Court colleagues of scorning African-American voters
and the memory of black people slain in the struggle for
voting rights. In a frankly emotional rebuke, he incorporated
into his opinion photographs and biographies of 36 such
victims, including the Rev. Dr. Martin Luther King Jr.
``By denying the most vulnerable the right to vote, the
majority shuts minorities out of our political process,'' he
wrote. ``The unfettered right to vote is the bedrock of a
free and democratic society. Without it, such a society
cannot stand.''
One of America's oldest federal jurists, Mr. Keith served
in the segregated Army in World War II, cleaned bathrooms at
The Detroit News, attended historically black undergraduate
and law schools and witnessed deadly riots in Detroit in
1967.
In the most prominent case of his tenure, Judge Keith
ordered the Nixon Justice Department in 1971 to halt
wiretapping without court orders in its zeal to prosecute
radicals accused of conspiring to bomb a Central Intelligence
Agency office in Ann Arbor, Mich.
As grounds, he cited the Constitution's Fourth Amendment
freedoms from ``unreasonable searches and seizures.''
After the Sixth Circuit Court upheld Judge Keith's
decision, the Nixon administration appealed to the Supreme
Court. At stake, potentially, were warrantless wiretaps in
many prosecutions that Attorney General John N. Mitchell had
brought against antiwar activists and other opponents of
administration policies.
The high court, by 8-0, rejected the government's claim of
constitutional authority to protect the nation from internal
subversion by wiretapping ``dangerous'' radicals without
court warrants. Justice Lewis F. Powell Jr., who wrote the
opinion, leaned heavily on the threat to free speech that he
saw in the unbridled government wiretapping of dissenters.
The American Civil Liberties Union said: ``If this claim
had been upheld, there would have been virtually no limits to
the range of governmental intrusion on the liberty that would
have been implicitly authorized once the government invoked
the talisman of `national security.' ''
In another case, the Supreme Court declined to review Judge
Keith's order to bus 8,700 of 23,000 students to desegregate
public schools in Pontiac, Mich. His 1971 order, one of the
first of its kind in the North, led to extensive busing,
attacks on school buses, death threats against the judge and
the convictions of Ku Klux Klansmen for dynamiting 10 school
buses.
But five years after Pontiac's busing began, The New York
Times reported that bitter feelings that had all but
paralyzed the school district had faded, and that busing had
become a fact of life. ``Both blacks and whites are learning
to understand each other better, to fear and distrust each
other less, and to see individuals as individuals,'' the
report said.
In 1973, a year before Nixon resigned in the Watergate
scandal, Judge Keith ordered the government to disclose
whether it had used sabotage, agents provocateurs and ``other
espionage activities,'' including a burglary at a law office,
to make its case against militants known as the Weathermen.
They were accused of plotting a campaign of bombing and
terrorism.
Later, government lawyers appeared in Judge Keith's court
and withdrew their case against the Weathermen rather than
undergo a hearing on how their evidence had been obtained.
Defense lawyers said the Nixon administration had plotted its
own campaign of domestic intelligence-gathering operations,
including breaking and entering and wiretapping to foster a
``malicious prosecution.''
In 1979, Judge Keith and the Sixth Circuit upheld the
Detroit Police Department's affirmative action program. A
lieutenants and sergeants group had sued to overturn the
five-year-old program, saying that white officers had been
unjustly passed over for promotion. But Judge Keith wrote
that promotion tests had been slanted against blacks, and
that affirmative action ``undoes years of discrimination.''
And in 2002, the Sixth Circuit Court held that the Bush
administration had violated the First Amendment freedoms of
speech and the press by conducting hundreds of secret
hearings to deport immigrants suspected of ties to terrorism.
Other courts issued contradictory rulings, and the secret
hearings went on for some time. But the case yielded one of
Judge Keith's more memorable opinions.
``Democracy dies behind closed doors,'' he wrote.
Damon Jerome Keith was born in Detroit on July 4, 1922, the
youngest of six children of Perry and Annie (Williams) Keith,
who had migrated from Georgia. Mr. Keith worked at the Ford
Motor Company's River Rouge plant for $5 a day. Damon and his
siblings, Luther, Perry, Napoleon, Marie and Annie, grew up
in poverty. For a time during the Depression, the family
received welfare assistance.
Mr. Keith graduated from Northwestern High School in 1939.
At West Virginia State College, he waited on tables and
cleaned a chapel and the college president's house to pay his
way. He earned a bachelor's degree in 1943. Drafted into the
wartime Army, he served in Europe in a black unit largely
assigned to kitchen duties. He was discharged as a sergeant
in 1946.
He received his juris doctor in 1949 at the Howard
University Law School, where his mentors included Thurgood
Marshall, the future first black justice of the Supreme
Court, and William Hastie, the nation's first black federal
judge. Mr. Keith received a master of laws degree at Wayne
State University in 1956.
In 1953, he married Rachel Boone, a prominent doctor in
Detroit. She died in 2007. Besides his daughter Debbie,
survivors include two other daughters, Cecile Keith Brown and
Gilda Keith, and two granddaughters.
In 1964, Mr. Keith helped founded one of Detroit's first
African-American law firms and was named co-chairman of the
Michigan Civil Rights Commission. Three years later, he
became a federal judge. He was chief judge for Eastern
Michigan from 1975 to 1977, when he joined the Sixth Circuit
Court. In 1995, he assumed senior status on the appellate
court, with a reduced caseload.
A lifelong Detroit resident, Mr. Keith received some 40
honorary doctorates and was showered with honors, including
the Spingarn Medal of the N.A.A.C.P. and the federal
judiciary's Edward J. Devitt Award.
He was the subject of a 2016 Jesse Nesser documentary,
``Walk with Me: The Trials of Damon J. Keith.'' One
highlight: When he was 69, one of the nation's most
distinguished jurists and national chairman of a
Williamsburg, Va., judicial conference on the Constitution's
Bicentennial, he stepped outside the hotel during a break--
and was taken for a parking attendant.
``A white man drove up,'' he told a crowd screening the
film at Howard University, ``and said, `Boy, park my car.' ''
Mr. Speaker, in looking at those things that this Federal judge fought for while he was alive, I think it is a great segue into the other discussion that the Congressional Black Caucus has been engaged in in this hour, and that is poverty. Many of the communities that this judge was fighting for were poor communities.
Unfortunately, at this day and age, it is still primarily people of color who disproportionately are affected by poverty. But the Trump administration is on the verge of making an end run around Congress now, attempting to slash the Supplemental Nutrition Assistance Program by fiat.
The latest effort was a proposed rule that would open for public comments until April 10. This rule would restrict SNAP eligibility by limiting States' flexibility to help the jobless or underemployed workers in struggling regions. By the administration's own estimate, enacting this rule would substantially increase hunger and hardship, stripping at least 755,000 Americans of food assistance, though other estimates suggest it could be as much as 1 million individuals and cut SNAP by $15 billion, slashing more than 178,000 jobs over the coming decade.
In the last Congress, Republicans and Democrats had a long, protracted conference on the farm bill, much of it related to SNAP. Much of it was because of discussions about ensuring that there is a safety net for those who regularly without it would go hungry.
We see that this administration did not want to take what Congress ruled on--what the President even signed--and is now, through his own executive order, attempting to change the law. The administration's most recent attempt to cut SNAP comes on the heels of President Donald Trump's failed attempt to achieve similar SNAP cuts in that farm bill; cuts that Congress rejected on a bipartisan basis.
This proposed rule is not just cruel. It is also bad policy. Making people hungrier will not help them find work any faster. It will only kick underemployment and unemployment workers when they are down.
Most working-age SNAP participants who are not receiving disability benefits are working, but they are often in unstable jobs with volatile schedules, low wages, making them especially likely to being affected by the rule.
I want to talk about how this is going to affect rural communities. In 2010, the U.S. Census found that 22 percent of the population in the Virgin Islands lives in poverty. Fifty percent of those living under the poverty level were families led by single mothers. The Congressional Research Service discovered that on average, children living in female-headed families were more likely to live in poverty than children living in two-parent households.
Given that 76 percent of rural adults report that good jobs are scarce in their area, it is not as if they are not looking. The jobs are simply not there. Rural communities like mine in the Virgin Islands will be among the hardest hit by the President's proposed rule, as it will tie States' hands and remove the flexibility they need to help residents of high unemployment areas put food on the table.
Indeed, while the urban areas experienced a net gain of 3.6 million jobs from 2007 to 2015, rural areas lost 400,000 jobs during that same time, meaning that many rural areas have struggled to recover still from the Great Recession.
Moreover, rural populations already face additional barriers to work. For example, lack of access to broadband is impeding the growth of rural economies, hampering total employment growth, and the opening of new businesses. Additionally, rural economies have less industrial diversity than urban areas and, in some communities, in particular, the departure of a central employer has led to tremendous job loss.
In the Virgin Islands, one of the world's largest refineries based in the Virgin Islands on St. Croix shut down in 2012, driving a decrease in jobs. At the time of the shutdown, the unemployment skyrocketed to 18 percent. In the same year, refined petroleum exports for the U.S. plummeted by 90 percent.
Given these challenges, States need more flexibility, not less, in order to decide how best to protect and invest in rural areas, as the administration's economic policies have not decreased the widening urban and rural divide. I believe that my coanchor, as well, has examples how poverty is affecting Americans; not just African Americans.
The purpose of the Congressional Black Caucus Special Order hour is not solely to talk about African Americans but to really champion the issues of those Americans who do not often have a voice.
Mr. Speaker, I yield to the gentleman from Nevada (Mr. Horsford) to discuss this further.
Mr. Speaker, I have to tell the gentleman that his remarks
were very enlightening and thoughtful. The logic of this administration and what they are thinking just does not make sense. In the end, it is going to cost us more. As you said, how is denying 1 million children lunch benefiting us as a country?
Mr. Speaker, if you want to be calculating about it, how is it helpful to us in the long run?
If you don't want to do it out of Christian goodness, out of the depths of humanity, then think about the long-term ramifications. Think about what it does to us to have 1 million children not being fed properly, not being able to think in a classroom, to be able to function, and to be able to do their work.
What will that do to us 10 years from now?
How many dropouts will there be?
How many young people will be unable to function, to be able to read and write, and to be able to find a job?
That will cost us, I am sure, entirely more money.
In the last Congress, and again in this one, I am a member of the Agriculture Committee. I recall that when that farm bill initially was presented, the ranking member at that time and now the chair, Collin Peterson, and many of the Democrats were aghast that we weren't going to have hearings, that there wasn't going to be a markup, and that there wasn't going to be discussion on the farm bill which contains essential nutrition programs in there. It wasn't until it got to the Senate that we were able to have in conference a discussion about SNAP because the Republicans over here decided that that was not important. They didn't want to fund it, they didn't want to take care of children, and they didn't want to take care of families of those with disabilities and of veterans who rely on SNAP programs, on supplemental nutrition programs. It wasn't until we got to conference that that happened.
The President signed the farm bill, and lo and behold, here comes the boomerang where he is trying to ram this through by executive order and by proposed rule changes to the law.
People in this law it doesn't just affect, and if you are not interested in families that are single-parent families, female-run families, African American families, what about those veterans who are affected?
What about those with disabilities?
The proposed rule purports to apply only to able-bodied adults without dependents. But what people are unaware of is that under the rule, 11 million people with disabilities who receive SNAP assistance could lose that assistance under the rule as people who face limited work capacity due to disability or poor health are regularly misclassified as able-bodied for the purpose of SNAP.
That means those individuals between the ages of 18 and 59 who have at least one physical, functional, or working limitation and are not counted as disabled under SNAP may, in fact, be affected. So this is cutting across so many individuals.
Mr. Speaker, I yield to the gentleman from Nevada (Mr. Horsford).
Mr. Speaker, when the gentleman talks about the working poor, I think about those individuals in the Virgin Islands where we have limited jobs. Many of these individuals have jobs in government.
You have an individual who is the head of a house, a husband-and-wife house, making $20,000--three children, a wife--trying to make ends meet off that kind of salary. They qualify, as we now have it functioning, for assistance for their family--for Medicaid, in some instances. But this administration is trying to take that away.
Are they going to take it away from those people who are doing what they say they are supposed to do? They are out there working as best they can. They are trying to take care of their families. This Congress has provided a safety net to them, and now we are going to strip that away.
This is untenable, and this has to stop.
Mr. Speaker, I would inquire of Mr. Horsford the timeframe that individuals have to send a letter to their Member of Congress, to send a letter to this administration to let them know what their thoughts are.
Mr. Speaker, I yield to the gentleman from Nevada (Mr. Horsford).
Mr. Speaker, I think people don't understand that SNAP benefits represent $1.40 per person, per meal--$1.40. I can't get a cup of coffee in Washington, D.C., with $1.40, but that is the benefit we are giving per person, per meal, for SNAP benefits.
We should not be talking about cuts to SNAP. We should be talking about how to increase this benefit to the American people, to American children, to our elders, to veterans who are relying on this.
Something must be done. As the Congressional Black Caucus, we are here to raise the alarm.
Raising the Federal minimum wage would save, even if we raised it to $12 an hour, $53 billion over the next 10 years, nearly four times as much as the proposed rule, by ensuring that workers earn more so that they are better able to afford food, instead of punishing labor market struggles with hunger, as the gentleman said.
Mr. Speaker, I yield to the gentleman from Nevada (Mr. Horsford) for any additional thoughts he may have as we close out this Special Order hour, and I thank the American people for listening.
Mr. Speaker, I yield back the balance of my time.