Opinion

The Great Debate

Think we don’t need to update the Voting Rights Act? Check out Tuesday’s primaries.

mahurin-for-troutt--- nelson

The door is open for Congress to repair the nation’s most transformative election law, which was neutered by the U.S. Supreme Court a year ago today.

Chief Justice John Roberts, in his majority opinion for Shelby County, Alabama v. Holder, issued Congress a written invitation to renew the Voting Rights Act of 1965 after striking down Section 4 of the act and disabling the strongest safety check against racial discrimination in voting.  The Senate Judiciary Committee hearing Wednesday on the Voting Rights Amendment Act shows that his invitation did not fall on deaf ears or timid hearts.

Swift and dauntless action is needed in both houses of Congress, however, to ensure that voting remains an equal opportunity exercise for all Americans, and that Congress remains a relevant force in the defense of voting rights in places like Mississippi, Texas, Georgia and beyond.

roberts-better11On Tuesday, conservative groups marshaled poll watchers for the senatorial primary run-off in Mississippi. Though a court blocked their presence inside polling places, their position just outside threatened to intimidate voters who had come to cast their ballots — echoing the power that poll watchers exercised throughout the Jim Crow South.

This is one example of potential voter suppression that minority voters have confronted in the year since the Shelby decision was handed down. The countdown to the next midterm and general elections has already begun and, since that ruling, states across the South and beyond have resurrected discriminatory voting restrictions — and invented new ones.

The cost of America’s first black president

President Barack Obama addresses supporters at his election night victory rally in Chicago, Nov. 7, 2012. REUTERS/Adrees Latif

Barack Obama, America’s first black president, can be credited with many milestones — a comprehensive federal healthcare bill, taking down the world’s most wanted terrorist, signing the Fair Pay Act for gender pay equality, to name a few.

The obliteration of the Voting Rights Act, however, was certainly unintended. Despite the Justice Department’s zealous defense of the act’s constitutionality in Shelby County v. Holder, a divided Supreme Court voted 5-4 to strike down Section 4, the core of the act, on the grounds that it is not justified by “current needs.” Substituting its judgment for Congress’s, the court ignored a more than 5,000-page record of “current needs” that Congress relied on in 2006 when if reauthorized, with overwhelming support, the act’s challenged provisions.

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