“SCOTUS Sanctioned Racism?”: Conservative Justices Attack The Voting Rights Act
As a statue paying tribute to civil rights pioneer Rosa Parks was unveiled in Washington, D.C., the Supreme Court heard arguments in the case of Shelby County v. Holder, which will decide the Constitutionality of the Voting Rights Act of 1965 that bears Ms. Parks’ name.
Section 5 of the VRA requires election officials in selected states and regions, mostly in the South, to pre-clear any changes to voting laws. This provision has been called the “cornerstone of civil rights law” in America.
“Is it the government’s submission that citizens in the South are more racist than citizens in the North?” asked Supreme Court Chief Justice John Roberts.
Solicitor General Donald Verrilli said no.
Roberts noted that Massachusetts had the lowest turnout rate of black voters while Mississippi had the highest. He and all of the conservative justices on the court expressed skepticism of the continued relevance of a law that was originally intended to be an emergency accommodation.
The Voting Rights Act was renewed for 25 years by a Republican Congress and signed by George W. Bush in 2006. But right-wing organizations and donors have waged a two-decade campaign to destroy Section 5.
The law was deemed Constitutional in 1999, before Roberts and Justice Samuel Alito joined the Court. Justice Clarence Thomas has previously called Section 5 unconstitutional and Justice Antonin Scalia’s antipathy to the law was clear to all in attendance.
Scalia called Section 5 a “perpetuation of racial entitlement” and suggested that Congress could never be convinced to let the law lapse. “They’re going to lose votes if they vote against the Voting Rights Act. Even the name is wonderful.”
Justice Sonia Sotomayor twice asked Scalia, “Do you think Section 5 was voted for because it was a racial entitlement?” He did not answer either time.
Experts believe that Justice Anthony Kennedy will be the deciding vote on the case. He appeared extremely troubled by the idea of pre-clearance, saying it put some states under the ”trusteeship of the United States government.”
“Times change,” Kennedy said at one point.
“Kennedy asked hard questions — that’s his job,” Myrna Perez, a senior counsel with the Brennan Center, told the Washington Post‘s Greg Sargent. “But the questions didn’t signal the law’s demise.”
Verrilli pointed out that jurisdictions can “bail out” of the pre-clearance requirement once they’ve demonstrated a 10-year discrimination-free record — nearly 250 of the 12,000 state, county and local governments covered by the law have bailed out.
Justice Elena Kagan noted that the covered jurisdictions hold 25 percent of the U.S. population, but account for 56 percent of voting-rights lawsuits.
Sotomayor asked Bert Rein, the lawyer representing Shelby County, Alabama, ”Why would we vote in favor of your county, whose enforcement record is the epitome of the reasons that cause this law to be passed in the first place?”
In his brief, Rein argued that conditions that made the law necessary no longer exist.
The Nation‘s Ari Berman, who was at the hearing, noted that the rash of legislative attempts to restrict voting rights since 2010, which he’s called the “GOP’s War on Voting,” never came up during the arguments.
By: Jason Sattler, The National Memo, February 27, 2013
“Disenfranchisement Persists”: The Supreme Court Must Defend The Voting Rights Act
Today, the Supreme Court will hear oral arguments on Shelby County v. Holder, a case concerning the constitutionality of key provisions of the Voting Rights Act of 1965, a landmark law that outlawed discriminatory voting practices that disenfranchised African-Americans.
Shelby Country lies just south of Birmingham, Ala. One of its largest tourist attractions is the American Village, a nationally recognized citizenship education center whose mission is to teach visitors good citizenship and remind them of the price of liberty—that freedom isn’t free.
Shelby County wants the Supreme Court to declare a part of Section 4 and Section 5 of the Voting Rights Act unconstitutional. Section 4b codifies a formula to identify parts of the country where political discrimination based on race is high. Section 5 requires the Justice Department to “preclear” any changes to voting rules made in nine states, mostly in the South, and by areas in seven others.
The justices will consider an ultimate constitutional question: Does voter discrimination persist to the point where legal protections must remain in place to prevent it? The question, of course is rhetorical. It does. We only need to look at the long list of recent state-level legislative activity, both in and out of the South, that targets minority voters. Just in the last decade, lawmakers have broken up majority-minority districts with questionable redistricting practices. African-American and Latino voters have seen their names purged from voter lists under the guise that election officials were cleaning them up, and restrictive voter ID laws implemented. Laws, some argue, are the modern day equivalent of poll taxes.
If today was the opposite day, Shelby County’s case would have merit. They’d rightly argue that voting rights are color-blind. But it isn’t the opposite day, nor will that be the case for a long time to come. Shelby County ignores this fact. It forgets about Alabama’s long history of using violence fraud, poll taxes, and literacy tests to keep African-American’s from the polls.
The justices must avoid the same amnesia. In 2006, the House of Representatives voted 390-to-33 and the Senate 98-to-zero to renew the Voting Rights Act until 2031. These lawmakers, after a significant amount of testimony and impassioned debate, recognized that the threat of disenfranchisement persists. Some of the justices, however, have already signaled that it doesn’t. Justice Anthony Kennedy has questioned the fairness of the Voting Rights Act, and Justice Clarence Thomas has said flat out said that it’s unconstitutional.
Shelby County v. Holder targets the very heart of American democracy. If the justices rule in Shelby County’s favor, the right to vote will most certainly not be free. The American Village will have one more reminder to give its visitors.
By: Jamie Chandler, U. S. News and World Report, February 27, 2013
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