Tuesday, June 25, 2013

Voting Rights Act Section 4 Struck Down By Supreme Court

The Supreme Court struck down Section 4 of the Voting Rights Act on Tuesday, the provision of the landmark civil rights law that designates which parts of the country must have changes to their voting laws cleared by the federal government or in federal court.

The 5-4 ruling, authored by Chief Justice John Roberts joined by Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito, found that “things have changed dramatically” in the South nearly 50 years after the Voting Rights Act was signed.

The court’s opinion said it did not strike down the act of Congress “lightly,” and said it “took care to avoid ruling on the constitutionality of the Voting Rights Act” in a separate case back in 2009. “Congress could have updated the coverage formula at that time, but did not do so. Its failure to act leaves us today with no choice but to declare [Section 4] unconstitutional. The formula in that section can no longer be used as a basis for subjecting jurisdictions to preclearance.”

Congress, the court ruled, “may draft another formula based on current conditions.” Given the current makeup of Congress, with Republicans in control of the House of Representatives, many voting rights advocates consider it unlikely that Congress would act to create a new formula.

“Our country has changed, and while any racial discrimination in voting is too much, Congress must ensure that the legislation it passes to remedy that problem speaks to current conditions,” the majority said.

“There is no doubt that these improvements are in large part because of the Voting Rights Act. The Act has proved immensely successful at redressing racial discrimination and integrating the voting process," Roberts wrote.

The court did not rule on Section 5 of the Voting Rights Act, the preclearance requirement itself, which requires those affected states to have changes to their voting laws cleared by the Justice Department or a federal court in Washington, D.C., before they go into effect. Rather, the court ruled that the current formula that determines which states are covered by Section 5 is unconstitutional, effectively eliminating Section 5 enforcement, at least for the time being.

Justice Ruth Bader Ginsburg issued a wide-ranging dissent on behalf of herself and Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan, justifying the continued vitality of the Voting Rights Act's preclearance provision.

"The sad irony of today’s decision lies in its utter failure to grasp why the VRA has proven effective," Ginsburg wrote. "The Court appears to believe that the VRA’s success in eliminating the specific devices extant in 1965 means that preclear­ance is no longer needed."

As for Section 4, Ginsburg wrote that "the record for the 2006 reauthorization makes abundantly clear [that] second-generation barriers to minority voting rights have emerged in the covered jurisdictions as at­tempted substitutes for the first-generation barriers that originally triggered preclearance in those jurisdictions."

In a concurring opinion, Justice Clarence Thomas reiterated his belief that Section 5 is also unconstitutional, a position he took in his dissent from the Court's previous encounter with the Voting Rights Act in 2009.

"However one aggregates the data compiled by Congress, it cannot justify the considerable burdens created by §5," Thomas wrote on Tuesday.

The Obama Justice Department, believing the court might strike down Section 5 in the 2009 case, devised a plan to react to the ruling. A Justice Department spokeswoman did not immediately respond to a request for comment Tuesday.

Voting rights advocates condemned the Supreme Court’s ruling.

“The Supreme Court has effectively gutted one of the nation's most important and effective civil rights laws,” Jon Greenbaum, chief counsel for the Lawyers Committee on Civil Rights Under Law, said in a statement. “Minority voters in places with a record of discrimination are now at greater risk of being disenfranchised than they have been in decades. Today's decision is a blow to democracy. Jurisdictions will be able to enact policies which prevent minorities from voting, and the only recourse these citizens will have will be expensive and time-consuming litigation.”

“Today’s U.S. Supreme Court decision erases fundamental protections against racial discrimination in voting that have been effective for more than 40 years,” Elisabeth MacNamara, president of the League of Women Voters of the United States, said in a statement. “Congress must act quickly to restore the Voting Rights Act.”

“Today will be remembered as a step backwards in the march towards equal rights,” said Sherrilyn Ifill, President and Director-Counsel of the NAACP Legal Defense and Educational Fund. “We must ensure that this day is just a page in our nation’s history, rather than the return to a dark chapter."


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