warning Hi, we've moved to USCANNENBERGMEDIA.COM. Visit us there!

Neon Tommy - Annenberg digital news

Supreme Court To Decide Future Of Voting Rights Act

Danny Lee |
November 27, 2012 | 5:00 p.m. PST

Senior Staff Reporter

The Supreme Court will explore eliminating a section of the Voting Rights Act that prohibits election laws discriminating against minorities. (S-t-e-v-e-n/Creative Commons)
The Supreme Court will explore eliminating a section of the Voting Rights Act that prohibits election laws discriminating against minorities. (S-t-e-v-e-n/Creative Commons)
Early next year, the Supreme Court could axe a key section in the Voting Rights Act of 1965 that requires some states to seek permission from the federal government before they enact any laws that affect voting.

In a case concerning Shelby County v. Holder, the court could invalidate Section 5 of the act, which cracks down on laws concerning voter ID or redistricting that could weaken the political influence of racial minorities. The law applies mostly to states in the South and grants authority to the Department of Justice and federal court in Washington to decide if voting legislation proposed by the states could lead to discrimination.

Making the case for repeal

Is the re-election of President Barack Obama a sign that race relations in America have evolved enough that anti-voter discrimination measures are no longer necessary? Those in favor of jettisoning Section 5 of the act say that times have changed. 

SEE ALSO: Supreme Court To Review Key Elements Of Voting Rights Act

Shelby County, Ala., representatives argue that the federal government no longer needs to check if state voting laws are discriminatory against minorities, citing the progress Alabama and other southern states have made to be more racially inclusive.

“We’ve been under it all these years and done the things that have to be done,” Shelby County attorney Frank “Butch” Ellis said in the Montgomery Advertiser. “Shelby County has painted itself in a different light already, and we would like for the court and the world to have the chance to see that.”

Ellis mentioned that the mostly white, conservative county just outside Birmingham recently had a black challenger defeat a white incumbent to win a seat on the county board of education. Some cities in the county also feature black mayors and council members.

Alabama Solicitor General John Neiman added, "This law was necessary and appropriate during the civil rights era, but it is not necessary and appropriate today.”

Why anti-discrimination laws are still needed

Those in favor of keeping provisions of the Voting Rights Act intact claim that some states are still guilty of discriminatory voting practices, in light of accusations of voter suppression during the past election.

Florida found itself at the center of controversy when Republican Gov. Rick Scott refused to extend early voting hours even after long lines had some voters waiting as long as nine hours to cast a ballot.

Federal judges struck down a Texas voter ID law in August, ruling that the state could not prove the statute would not infringe on the voting rights of minorities. The U.S. District Court three-judge panel determined that the cost of obtaining a photo ID to vote would provide "strict, unforgiving burdens" on low-income minority voters.

SEE ALSO: Study: Hispanics Targeted By New Voter Laws

The court also ruled that Texas' Republican-controlled Legislature's plan to draw new legislative districts discriminated against Latinos.

“In the midst of the recent assault on voter access, the Voting Rights Act is playing a pivotal role beating back discriminatory voting measures,” said Debo P. Adegbile, the acting president of the NAACP Legal Defense and Educational Fund.

Statewide coverage of Section 5 includes jurisdictions in Alabama, Georgia, Louisiana, Mississippi, South Carolina and Texas, in addition to Alaska and Arizona in the West. Most of Virginia, along with parts of Florida and North Carolina, are also subject to approval from the federal government.

The Supreme Court is expected to arrive at a decision by the end of June.

 

Reach Senior Staff Reporter Danny Lee here; follow him here.



 

Buzz

Craig Gillespie directed this true story about "the most daring rescue mission in the history of the U.S. Coast Guard.”

Watch USC Annenberg Media's live State of the Union recap and analysis here.

 
ntrandomness