SCOTUS: R.I.P. Voting Rights

The long-awaited Supreme Court decision on the 1965 Voting Rights Act, renewed by Congress in 2006, is in.  While not ruling on the constitutionality of the law itself, the right-wing majority, in a 5-4 vote, struck down one of the most important clauses of the act and effectively invalidated another.  Hang with me on this.  SCOTUS struck down Section 4 of the Voting Rights Act.  Section 4 is a key provision that designates which parts of the country must have changes to their voting laws approved by the Federal government or in Federal court.  In striking down Section 4, the right-wing justices effectively emasculated the even more important Section 5, which enforces review of voting rule changes.  The justices did not rule specifically on Section 5 but as reported in the Huffington Post : "...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."  What do you think the possibility of getting an amended Section 4 through the Republican-controlled House of Representatives and Republican-filibuster-hamstrung Senate is?  The majority argument seems to have been "times have changed" and we don't need this any more.  Effectively, SCOTUS has declared dead the Voting Rights Act, one of the most important and fundamental achievements of the Civil Rights Era.

What utter nonsense!  With the move towards restrictive voter ID laws aimed primarily at minorities and the continuing use of so-called poll watchers for intimidation purposes, these sections of the Act are needed just as much now as then.  As recently as the 2012 elections, the Voting Rights Act has been used to block a voter ID law in Texas and delay implementation of another in South Carolina. 

Justice Ginsburg's dissent says it effectively: "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."  The provision has proven "enormously successful" in increasing minority registration and access to the ballot and preventing a "return to old ways," Ginsburg said. Even in jurisdictions where discrimination may not be overt, "subtle methods" have emerged to diminish minority    turnout, such as racial gerrymandering. [Huffington Post] [Photo: Mother Jones]

The reaction from civil rights leaders was swift - unanimous condemnation as the activist court interfered with Congressional authority to pass laws regarding the right to vote.  Obama expressed his deep disappointment and called on Congress "to pass legislation to ensure every American has equal access to the polls."  Honestly, has he been asleep for the past 3 or 4 years? The well-organized effort of Republican-controlled state legislatures with Republican governors has been undertaken to ensure that this equal access does not occur. 

Justice Ginsburg's dissent is 37 pages long and contains page after page of well-reasoned and passionate argument and numerous examples.  Fortunately, Mother Jones has selected the ten best quotes from the Justice in a June 25 post.  Here's just one of them: ""Demand for a record of violations equivalent to the one earlier made would expose Congress to a catch-22. If the statute was working, there would be less evidence of discrimination, so opponents might argue that Congress should not be allowed to renew the statute. In contrast, if the statute was not working, there would be plenty of evidence of discrimination, but scant reason to renew a failed regulatory regime." 

The most fundamental right in a democracy, the single most important difference from other political systems whether they be dictatorships, tyrannies, monarchies, or theocracies, is the right to vote.  Denying this right strikes at the heart of what it means to be a democracy.  Not protecting the voting rights of all brings us another step closer to plutocracy - a government of, by, and for the wealthy and the powerful.

Other Links

John Nichol's post in today's The Nation

Previous TLBC Posts on Voter Suppression Efforts
Stealing an Election
Keystone State is Key
What's with Florida?
Florida 2000 Redux