Part of the success in beating back efforts to limit election participation in a number of Republican-led states came from the work of the Civil Rights Division of the Justice Department, which used its pre-clearance authority under Section 5 of the Voting Rights Act to block measures that could have disenfranchised minorities, like district-level maps in Texas and a stringent voter ID law in South Carolina. Nine states and several localities with a history of discrimination are subject to pre-clearance rules that force them to get approval from DoJ for any voting law changes. And now, the Supreme Court will hear a challenge to Section 5.
The Supreme Court said Friday that it will consider whether laws designed to protect minority voters are unconstitutional.
The announcement comes just days after an election that demonstrated the increasing electoral clout of black and Hispanic voters, who helped propel President Obama to a second term.
It’s against that backdrop that the court will consider rolling back part of the Voting Rights Act, first passed in 1965, to prevent states from disenfranchising minorities. Specifically, the justices will hear a challenge to the section of the Voting Rights Act that requires certain states with a history of discrimination to get permission from the federal government before changing their voting laws.
I guess Citizens United didn’t provide the desired result, so now the Supremes will give it another shot.
More seriously, this is a big deal, as Adam Serwer points out. The specific challenge comes from Shelby County, Alabama, and most but not all of the states under Section 5 rules are in the Deep South, and have locked into a partisan voting pattern for a number of years. But that hardly matters. The Voting Rights Act is a pillar of political participation, and weakening it just invites abuse of minorities at the local all the way up to the federal level. And Section 5 might not be the only target.
The last time conservatives challenged Section 5, in 2009, the Supreme Court handed down a very narrow 8-1 ruling (Clarence Thomas was the only dissenter) that did not declare the law unconstitutional.
The fact that the court is taking up a Section 5 case again so soon suggests strongly that the intent is to strike down part or all of the Voting Rights Act.
Although Section 5 survived in 2009, conservative Justices appeared to believe that the law was discriminatory—against Southern white people. “Is it your position that today Southerners are more likely to discriminate than Northerners?” Chief Justice John Roberts demanded of the attorney defending the Voting Rights Act at the time. Despite the 8-1 vote, the 2009 decision was widely seen as leaving Section 5 hanging by a thread. The justices hinted very strongly that Congress, which had just reauthorized the Voting Rights Act in its entirety in 2006, should change the law soon or risk it being declared unconstitutional next time around.
Needless to say, given the political polarization by race in America, in regards to both African-Americans and now Latinos, conservatives are salivating at the chance to remove the federal barrier to suppressing the votes of those communities in as many venues as possible.




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Tweeted. Recommended. Will be very interesting to vector this issue against Obama’s SC candidates.
And the Democrats just left it “hanging by a thread” while they had a majority in the House and Senate and someone who taught Constitutional law in the WH. I know, don’t tell me, 60 votes, magic wand, ponies.
The timing is curious coming just days after a certain party didn’t see their electoral prospects dwindling.
When I heard this on my radio, I started thinking about which members of the 9 would seek cert. Smart money’s on 5. And, I’m guessing Clarence will draft the opinion, with odious seperate concurrances.
Balls and strikes my ass Roberts.
Look, when will Dems and Conservadems and Moderndems learn?
The GOP has little to no respect for liberty and individual rights, and just sees the arms of government as a means to make them richer, or given them power. All else is dross.
The only way to really protect Voting is to federalize it.
1) Add the right to Vote to the Bill of Rights. Let republicans vote and argue against that. Even it it doesn’t pass, it is a discussion well worth having.
2) Pass more expansive Voting Rights laws. Again, make them defend their intent to rig things.
I was in the next room when the News Hour reported this, and I thought the announcer said that the Supremes decided NOT to hear this case. I was surprised, and relieved. Now I’m not. It’s what I expect(ed) from this Court.
So ersatz “people” like corporations get superhuman rights while actual voters, living and breathing entities get fucked?
Yep, sounds about right for what’s come to be called America.
There has been a map of the red vs blue next to a map of the confederacy, same boundaries. But that will not be considered because the electoral favors the union, see downstairs. Yes, it is all of a piece. Minority protections will be struck down to protect the newest minority, old white men.
When Dems had the majority they could have mooted out the budding issue by applying Section 5 everywhere. They would have needed a convincing devil’s advocate to think that way, but it could have prevented a train wreck which might be coming up.
Regarding 60 votes, what about attaching this to a tax/spending bill and use reconciliation as in ACA?
Unreal.
When you put any amendment of the Constitution before Congress, you open up the entire Constitution in a Constitutional Convention.
I am not sure that would be a good idea.
For only one thing, provisions of the Patriot Act have been declared unconstitutional–and by a Republican Court– and I would not want either of today’s two major Parties to “fix” that.
Just some background for people who may not know.
Amendment 15 to the Constitution of the United States was adopted within 5 years of adoption of the 13th amendment and within two years of the 14th amendment. The entire Amendment 15 reads as follows.
Wiki, on Section 5 of the Voting Rights Act:
http://en.wikipedia.org/wiki/Voting_Rights_Act
The “covered jurisdictions” are mostly Southern states.
The challenge is based on the theory that there is no reason today for singling out those states and so doing without adequate reason runs up against the states’ rights provision of the Constitution.
Check the photo of a polling place in 1965 and the caption. I wonder why the caption writer says all of the people were on line to vote in a Democratic primary?
Is there even such a thing as a Democratic primary election, as opposed to simply a primary election, in which some voters vote for Democratic primary candidates, some for Republican and some third party?
Did the parties hold their primaries at different places or on different days back then?