Crack-Cocaine Disparity, Now 1/5th as Racist as Before

Members of the Senate Judiciary Committee spent almost their entire meeting yesterday talking about drugs (leaving discussion of sex, rock-and-roll and judicial nominees for another day). Despite these limits on the conversation, the committee made a significant -- if disappointing -- advance toward reducing the sentencing disparity for possession of crack versus powder cocaine.

For over 20 years, possession of crack has been punished at 100 times the rate of sentences for powder cocaine. In other words, getting caught with five grams of crack would be treated as legally equivalent to possessing 500 grams of powder cocaine.

This discrepancy is no joke. Although most crack users are white, over 80% of defendants busted for crack possession are black. The law's racially disproportionate effect contributes to America imprisoning more people per capita than any other nation. Additionally, minorities compose 70% of this bloated prison population. In the words of one stalwart leader on criminal justice reform, the result is "an overwhelming international embarrassment."

So yesterday's moves to decrease the sentencing disparity are welcome, but fall well short of ideal. In the spirit of bipartisanship that has served them so well on issues including health care, climate change and civil liberties, Democrats again sacrificed their principals in order to appease a vociferous Republican minority. Rather than push through Sen. Dick Durbin's law which would have eliminated the crack/powder sentencing disparity, Democrats settled for reducing the disparity from 100:1 to 20:1. Great. Now the law's only 1/5 as racist as it used to be. Congratulations.

For those tempted to hem and haw about whether the Senate could have passed Durbin's bill, stop. Democrats enjoy a 12-to-7 majority on the Senate Judiciary Committee. Sure, Republicans could have taken offense at the Democrats reliance on majority rule, and opted to delay, anonymously hold, filibuster and otherwise obstruct the bill's passage on the Senate floor. But what happens on the Senate floor is another story entirely, symptomatic of other ills. The bottom line is this: Democrats gave in again and are advancing merely less racist legislation on the Senate floor.

But wait! There's hope.

As every fan of School House Rock knows, a bill doesn't become a law until it's passed by both houses of Congress and signed by the President. And the House of Representatives isn't content to engage in self-congratulatory speeches for making American law less racist.

Rather, the House Judiciary Committee has already passed a bill that would eliminate the crack/powder sentencing disparity. So, assuming that the House and Senate move on the bills now before them, the possibility remains that, in conference, the bills will be made uniform in abolishing this unjust, and unjustifiable discrepancy.

Act now to seize the momentous opportunity. They won't act without your calls and letters. End the crack/powder sentencing disparity.

Photo Credit: Joel Zimmer