Tuesday, June 25, 2013

Supreme Court strikes down Section 4 of Voting Rights Act

Shelby County, Alabama filed suit against the Justice Department seeking relief from Sections 4 and 5 of the Voting Rights Act. The Supreme Court held today that Section 4 is unconstitutional and can no longer be used "as a basis for subjecting jurisdictions to pre-clearance." The vote was 5-4. You can probably figure who was the five and who was the four.

The Court stated the act was proper when passed as the country was infected by a "blight of racial discrimination in voting" that took place for nearly a century" and that the law "made sense." However, the court declared all states had equal sovereignty under the law and fifty years later, the special coverage of nine states was no longer needed. The court stated "nearly fifty years later, things have changed dramatically. Largely because of the Voting Rights Act, voter turnout and registration rates in covered jurisdictions now approach parity. Blatantly discriminatory evasions of federal decrees are rare. And minority candidates hold office at unprecedented levels."

Chief Justice Roberts held it was not fair for one state to have the ability to immediately change its election laws while another one had to wait months or years due to preclearance. Different standards were applied to different states. Such treatment violates the principle of equal sovereignty for all states and is thus unconstitutional. The Court states the Katzenbach decision was needed due to an immediate and real problem but the problem no longer existed or as the Court held:

"In 1965, the States could be divided into two groups:those with a recent history of voting tests and low voterregistration and turnout, and those without those characteristics. Congress based its coverage formula on thatdistinction. Today the Nation is no longer divided along those lines, yet the Voting Rights Act continues to treat itas if it were."

The Court even went so far as to point out the level of black voter registration and black office holders was higher than in non-covered states. The Court left intact the rest of the Voting Rights Act.



19 comments:

Jules said...

The Court even went so far as to point out the level of black voter registration and black office holders was higher than in non-covered states. The Court left intact the rest of the Voting Rights Act. --- that should bring Voter ID back into play, correct?

Also, how long does it take for this to come in to effect?

Anonymous said...

This is excellent! A beam of hope shining in this darkness.

The Libertarian said...

And as could be expected, Mr. Thomas Head is crestfallen over this. He and his ragtag bunch of race hustlers insist that this is suppression of the black vote.....no.......this is suppression of rampant democrat/liberal/progressive/commie voter FRAUD now that states don't have to beg Eric "Mr. Fairness" Holder.

Anonymous said...

"The Court even went so far as to point out the level of black voter registration and black office holders was higher than in non-covered states."

Couldn't that be because there are a higher percentage of blacks as a whole in the "covered" states..i.e. the South?

At Least Thirty Years Late said...

I would assume it takes effect as soon as it's published. Bill Minor has gone to the store for Immodium.

Anonymous said...

It's not only the southern states that are subject to preclearance. Parts of South Dakota, Michigan, New York, Alaska, Arizona and California fall under this section as well.

Anonymous said...

that section ceased to exist a few hours ago.

Anonymous said...

Say what you will about prejudice, motivation, equality, etc., but that garbage was part of the 60's social experiment that destroyed jackson. I know. I was one of the guinea pigs. instead of integration, we have polarization

meople said...

the polarization you speak of is optional though

Kingfish said...

Oh really? Did Mr. Head protest or say a word when the Hinds County BOard of Supervisors held meetings on redistricting with little notice to anyone? Didn't even post the notices at the courthouse or on the website. Did he protest when they tried to make 4 as black as possible? Or when Doug Anderson complained about getting white voters added to his district? I didn't hear him say a word during that entire fiasco. Not one word. Or any other time.

Jules said...

A few counties in CA, a few in South Dakota...are these counties that voted for Goldwater over Johnson in the 60's?

Why were those counties included?

Anonymous said...

Jules....do some research and get back to us with the results of your search. thanks.

Anonymous said...

Re: SD, "race" includes Indians.

Pugnacious said...

Bill Minor has gone to the store for Immodium. ~

He'll have to get in line behind Tom Freeland and his "rat pack."

Anonymous said...

What and awful day. It is a black day...er I mean a sad day in the nations history when we promoters of social justice can no longer treat states unfairly in the name of fairness...

..but at least we got Paula Deen fired.

Anonymous said...

I just wonder what SCOTUS would think about the HCBOS effectively eliminating representation for 40% of Hinds County citizens come next month. My prediction is that the Clinton-Byram corridor project will become FUBAR in very short order.

Anonymous said...

The Byram Clinton corridor isn't going anywhere. Bennie Thompson has no say in te matter. None of the supervisors do. It is happening. You can count on that like you can count on the sun coming up in the morning.

Score one for whitey.

Kingfish said...

Bennie wants it to happen. It ends in Bolton. It should be called the Byram Clinton Bolton corridor. Seriously.

Anonymous said...

All rainbows in District 2 either begin or end in Bolton. There's also a new pipe-dream store there.

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