Elie Mystal, the justice correspondent for The Nation, made a bold assertion on "The View" recently, stating that all laws enacted prior to the 1965 Voting Rights Act should be considered "presumptively unconstitutional.
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Mystal's argument is rooted in his belief that the United States was, in essence, an apartheid nation before the implementation of the Voting Rights Act. This landmark legislation of the Civil Rights era was designed to eliminate racial discrimination in voting.
Mystal's comments come in the wake of the Supreme Court's decision in June 2013, which declared a section of the Voting Rights Act unconstitutional. This section had allowed for federal scrutiny of proposed changes to election-related laws before they were implemented.
Mystal further criticized the Trump administration for using laws, which he deems racially biased, enacted before the Civil Rights Movement to justify the detention of non-citizens who could potentially pose a threat to the United States. "One of the premises for [my] book is that every law passed before the 1965 Voting Rights Act should be presumptively unconstitutional," Mystal stated. He went on to question the validity of laws passed in a time when not all residents of the country had the right to vote.
Mystal specifically targeted the Immigration and Nationality Act of 1952, which primarily restricted immigration to Europeans during the Cold War era due to fears of communism. According to the Daily Caller, the Trump administration has used this law to justify the detention and deportation of anti-Israel activist Mahmoud Khalil, who played a significant role in the Columbia University riots and encampments in the spring of 2024.
Mystal accused the Trump administration of imprisoning Khalil "for the crime of existing" and suggested that the United States is incapable of treating people "with decency and humanity." He expressed his skepticism about changing people's attitudes towards immigration, but emphasized the need to avoid criminalizing immigration status offenses.
In response to Mystal's accusations, White House press secretary Karoline Leavitt stated on March 13 that the law grants the administration the authority to revoke a visa from "individuals who are adversarial to the foreign policy and national security interests" of the U.S., as reported by the Associated Press.
Khalil was a member of the Columbia University Apartheid Group, a student-led organization demanding that the university divest from Israel. The New York Police Department arrested over 100 protesters who had set up encampments on the Ivy League university's campus and occupied Hamilton Hall on April 30. One employee reportedly claimed to have been held hostage inside the building.
Secretary of State Marco Rubio reiterated the U.S. stance of "zero tolerance" for any foreign visitor who supports terrorist organizations like Hamas, stating that they would face deportation under U.S. law.
Mystal, known for his far-left and racially focused rhetoric, has previously made controversial statements about the U.S. Constitution. In March 2022, he told "The View" co-hosts that the U.S. Constitution is "kind of trash." In May 2022, he accused the Founders of being "racist, misogynist jerk faces" for not recognizing abortion as a fundamental right in the 1780s.
His recent comments on "The View" continue to stir debate and controversy, reflecting the ongoing tensions and complexities surrounding U.S. immigration policy and civil rights.
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