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.
The Great Debate
Chief Justice John Roberts’ first sentence of his majority opinion in McCutcheon v. Federal Elections Commission, striking down important limits on campaign contributions, declares “There is no right more basic in our democracy than the right to participate in electing our political leaders.”
Since the government shutdown, public opinion of the Republican Party has hit a new low. Yet the Democrats might not be able to gain from it. Despite the GOP’s fall from grace — and even if they suffer a lower vote count in the 2014 midterm elections — the Republicans might still control the House of Representatives and many state legislatures after the polls close.
In the midst of current retrenchments on voting rights, the 50th anniversary of Martin Luther King Jr.’s “I Have a Dream” speech provides an important opportunity to consider whether his “dream” has been realized. Or, is it now, in the words of the famous poet Langston Hughes, a “dream deferred.”
Roberts, in his dramatic voting rights ruling last month, said Congress has a duty to update Jim Crow-era civil rights laws for a post-Jim Crow world. In Shelby County v. Holder, the Supreme Court basically found that Congress committed an unforced error by renewing the Voting Rights Act without updating its formula for patrolling discrimination against voters.
Unless the Democrats wake up to the importance of winning state legislative elections, they are likely to remain a largely impotent minority in the House of Representatives and equally feeble in the state legislatures. The momentous Supreme Court decisions on the Voting Rights Act, same-sex marriage and affirmative action make winning these races all the more vital, for all these rulings deal with state action. The huge Republican victory in the 2010 election could turn out to be a gift that keeps giving.